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STUART v. STATE

No. 18653.

801 P.2d 1283 (1990)

118 Idaho 932

Gene Francis STUART, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho.

November 28, 1990.

Attorney(s) appearing for the Case

Robert E. Kinney, Jr., Orofino, for petitioner-appellant.

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

McDEVITT, Justice.

This is the fourth opportunity for this Court to review the murder conviction and imposition of the death penalty of Gene F. Stuart. In 1982, the appellant was found guilty of the first degree murder by torture of three-year-old Robert Miller. This Court first upheld the imposition of the death penalty in State v. Stuart, 110 Idaho 163, 715 P.2d 833 (1985). Subsequently...

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