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STATE v. PAYNE

Nos. 28589, 32389.

199 P.3d 123 (2008)

STATE of Idaho, Plaintiff-Respondent, v. Darrell Edward PAYNE, Defendant-Appellant. Darrell Edward Payne, Petitioner-Appellant-Cross Respondent, v. State of Idaho, Respondent-Cross Appellant.

Supreme Court of Idaho, Boise, February 2008 Term.

Rehearing Denied December 15, 2008.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender, Boise, for appellant. Paula May Swensen, Deputy State Appellate Public Defender argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Lanny Lamont Anderson, Deputy Attorney General argued.

SUBSTITUTE OPINION, THE COURT'S PRIOR OPINION DATED JUNE 18, 2008 IS HEREBY WITHDRAWN.

BURDICK, Justice.

Darrell Payne appeals his conviction of first-degree murder, first-degree kidnapping, robbery, and rape, and his sentence of death for first-degree murder. He also appeals the summary dismissal of all but one of his claims for post-conviction relief. The State cross-appeals the district court's order setting...

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