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PIZZUTO v. STATE

No. 32679.

202 P.3d 642 (2008)

Gerald Ross PIZZUTO, Jr., Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Boise, September 2007 Term.

Rehearing Denied March 19, 2008.

Attorney(s) appearing for the Case

Federal Defenders Services of Idaho, Moscow, for appellant. Joan M. Fisher argued.

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

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION DATED NOVEMBER 23, 2007 IS HEREBY WITHDRAWN.

EISMANN, Chief Justice.

The petitioner was convicted of two murders and sentenced to death. In this case, he filed his fifth petition for post-conviction relief, challenging his death sentence on the ground that he was mentally retarded. The district court dismissed his petition on summary judgment, holding that the...

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