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STATE v. FETTERLY

Nos. 16540, 16541.

766 P.2d 701 (1988)

115 Idaho 231

STATE of Idaho, Plaintiff-Respondent, v. Donald Kenneth FETTERLY, Defendant-Appellant. Donald Kenneth FETTERLY, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho.

Dissent on Denial of Rehearing December 13, 1988.

Attorney(s) appearing for the Case

Van G. Bishop, Nampa, for plaintiff-respondent.

Jim Jones, Atty. Gen., and Lynn E. Thomas, Sol. Gen., Boise (argued), for defendant-respondent.

BISTLINE, Justice.

Donald Kenneth Fetterly was convicted of first degree murder, burglary, and grand theft. The trial judge sentenced him to death. His conviction and sentence were affirmed on direct appeal. State v. Fetterly, 109 Idaho 766, 710 P.2d 1202 (1986). Fetterly now contends that the district court erred in (a) denying his petition for post conviction relief, (b) denying his Rule...

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