STATE v. LEAVITT

Nos. 16305, 16987.

775 P.2d 599 (1989)

116 Idaho 285

STATE of Idaho, Plaintiff-Respondent, v. Richard A. LEAVITT, Defendant-Appellant. Richard A. LEAVITT, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho.

May 30, 1989.


Attorney(s) appearing for the Case

David N. Parmenter, Blackfoot, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen. (argued) for respondent.


SHEPARD, Justice.

This is an appeal from a conviction of first degree murder and a subsequent death sentence. We affirm the conviction of first degree murder, but reverse and remand for further consideration the imposition of the death penalty.

Sometime about July 18, 1984, the victim was brutally attacked in her bed. She suffered up to fifteen separate slash and stab wounds, some of which proved fatal. Her body had been further brutalized by the slashing...

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