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HAIRSTON v. STATE

Nos. 28528, 29653, 29680.

156 P.3d 552 (2007)

James H. HAIRSTON, Petitioner-Appellant, v. STATE of Idaho, Respondent. State of Idaho, Plaintiff-Respondent, v. James H. Hairston, Defendant-Appellant.

Supreme Court of Idaho, Boise, January 2007 Term.

March 28, 2007.

Attorney(s) appearing for the Case

Federal Defenders of Eastern Washington and Idaho, Moscow; and Leo N. Griffard Jr., Boise, for appellant. Bruce Livingston argued.

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

TROUT, Justice.

James Hairston appealed from the dismissal of his consolidated successive petitions for post-conviction relief, petition for writ of habeas corpus, and motion to correct illegal sentence, to vacate sentence of death and for new sentencing trial. The State then moved to dismiss the appeal on procedural grounds.

I.

FACTUAL AND PROCEDURAL BACKGROUND

James Hairston was convicted by a jury of two counts of first degree murder...

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