Civ. No. 89-1106.

747 F.Supp. 594 (1990)

Donald Kenneth FETTERLY, Petitioner, v. Dave PASKETT, Warden of the Idaho State Prison; and Jim Jones, Attorney General, of the State of Idaho, Respondents.

United States District Court, D. Idaho.

April 10, 1990.

Attorney(s) appearing for the Case

Van G. Bishop, Nampa, Idaho, Thomas J. McCabe, Boise, Idaho, for petitioner.

Jim Jones, Atty. Gen., State of Idaho, Boise, Idaho, Lynn E. Thomas, Sol. Gen., for respondents.


CALLISTER, Senior District Judge.

The Court has before it petitioner's habeas corpus death penalty action. The Court heard oral arguments pertaining to the purely legal issues on March 22, 1990, has reviewed the entire matter, and is prepared to submit its written findings.

The petitioner, Donald Fetterly, was sentenced to death for his conviction of First Degree Murder, Burglary and Grand Theft. At the same time petitioner's co...

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