STATE v. LEAVITT

Nos. 29158, 29159.

120 P.3d 283 (2005)

141 Idaho 895

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

Supreme Court of Idaho, Boise, March 2005 Term.

August 31, 2005.


Attorney(s) appearing for the Case

Andrew Parnes, Ketchum, and Nevin, Benjamin & McKay LLP, Boise, for appellant. Andrew Parnes argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. LaMont Anderson argued.


SUBSTITUTE OPINION, THE COURT'S PRIOR OPINION DATED JUNE 15, 2005 IS HEREBY WITHDRAWN

EISMANN, Justice.

Richard Leavitt challenges his death sentence on the ground that the jury was not involved in the sentencing process. In his criminal case, he filed a motion to correct an illegal sentence, contending that his death sentence was illegal because the jury was not involved in the sentencing. He also filed a successive petition for post-conviction relief raising...

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