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STATE v. LEAVITT

No. 39941.

280 P.3d 169 (2012)

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

Supreme Court of Idaho, Boise, June 2012 Term.

June 5, 2012.

Attorney(s) appearing for the Case

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

Nevin, Benjamin, McKay & Bartlett, LLP, Boise, and Andrew Parnes , Ketchum, for Appellant. David Nevin argued.

W. JONES, Justice.

I. NATURE OF THE CASE

Appellant, Richard A. Leavitt appeals from District Judge Shindurling's issuance of a death warrant entered on May 17, 2012. Leavitt also appeals from the district court's Order Denying the Motion to Quash the Death Warrant. Both appeals raised the same issues and will be addressed concurrently in this Opinion.

II. FACTUAL AND PROCEDURAL BACKGROUND

In 1984, Leavitt brutally attacked, sexually mutilated...

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