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STUART v. STATE

No. 26661.

36 P.3d 1278 (2001)

136 Idaho 490

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

Supreme Court of Idaho. Lewiston, October 2001 Term.

December 4, 2001.

Attorney(s) appearing for the Case

Randall, Blake & Cox, Lewiston, for petitioner-appellant. Scott M. Chapman argued.

Hon. Alan G. Lance, Attorney General; Kenneth M. Robins, Deputy Attorney General, Boise, for respondent. Kenneth M. Robins argued.

KIDWELL, Justice.

Gene Francis Stuart was convicted of first degree murder by torture and sentenced to death. He appeals the district court's denial of his second petition for post-conviction relief, arguing that the monitoring or recording of telephone conversations between him and his attorney violated his constitutional rights.

I.

FACTS AND PROCEDURAL BACKGROUND

In 1982, Gene Francis Stuart (Stuart) was convicted of first degree murder...

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