STATE v. FAIN

No. 18463.

809 P.2d 1149 (1991)

119 Idaho 670

STATE of Idaho, Plaintiff-Respondent, v. Charles I. FAIN, Defendant-Appellant.

Supreme Court of Idaho, Boise, December 1990 Term.

Rehearing Denied May 21, 1991.


Attorney(s) appearing for the Case

Van G. Bishop, Nampa, for defendant-appellant.

Jim Jones, Atty. Gen. and Lynn E. Thomas, Sol. Gen. (argued), Boise, for plaintiff-respondent.


McDEVITT, Justice.

Charles I. Fain was convicted of first degree murder, lewd and lascivious conduct with a minor, and first degree kidnapping. He was sentenced to death. After an appeal to this Court, the case was remanded for factual findings on the issue of whether the defendant's due process rights were violated as a result of the failure to preserve potentially exculpatory evidence taken from the victim during the autopsy. On the next appeal to this Court, the...

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