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STATE v. LEAVITT

No. 18533.

822 P.2d 523 (1991)

121 Idaho 4

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

Supreme Court of Idaho, Twin Falls, March 1991 Term.

Rehearing Denied January 23, 1992.

Attorney(s) appearing for the Case

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

Larry J. EchoHawk, Idaho Atty. Gen., Lynn E. Thomas, Sol. Gen., Boise, for plaintiff-respondent. Lynn E. Thomas argued.

BOYLE, Justice.

In this criminal case we are called upon to determine whether the death penalty was properly imposed upon Richard A. Leavitt. In 1985, Leavitt was convicted of the first degree murder of Danette Elg in Blackfoot, Idaho, and the district court imposed the death penalty. In State v. Leavitt, 116 Idaho 285, 775 P.2d 599 (1989) (Leavitt I), this Court affirmed the conviction...

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