STATE v. WALTERS

No. 16630, 17249.

813 P.2d 857 (1990)

120 Idaho 46

STATE of Idaho, Plaintiff-Respondent, v. James Deveral WALTERS, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Granted March 27, 1991.

On Rehearing July 23, 1991.


Attorney(s) appearing for the Case

Tway & Rosenheim, Boise, for defendant-appellant.2 Gustav A. Rosenheim and William J. Tway, argued.

Jim Jones, Atty. Gen., and Michael A. Henderson (argued), Deputy Atty. Gen., Boise, for plaintiff-respondent.


BISTLINE, Justice.

Walters was convicted of two felonies arising out of one incident, arson and destruction of insured property. On appeal he argues: (1) Reversible error occurred when the state's arson investigator testified to his opinion that Walters started the fire; and (2) that trial counsel did not provide Walters with effective assistance in that counsel allowed the opinion to be given without any challenge.

I.

On the morning of November...

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