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PIZZUTO v. IDAHO DEPT. OF CORRECTION

Docket No. 48857.

508 P.3d 293 (2022)

Gerald Ross PIZZUTO, Jr., Petitioner-Appellant, v. IDAHO DEPARTMENT OF CORRECTION, an Executive Department of the State of Idaho; Josh Tewalt, Director, Idaho Department of Correction; Tyrell Davis, Warden, Idaho Maximum Security Institution, Respondents.

Supreme Court of Idaho, Boise, November 2021 Term.

Rehearing Denied May 5, 2022.

Attorney(s) appearing for the Case

Federal Defenders Services of Idaho, Boise, for appellant. Jonah Horwitz argued.

Lawrence G. Wasden , Idaho Attorney General, Boise, for respondents. Kenneth K. Jorgensen argued.

This appeal concerns whether an execution protocol published by the Idaho Department of Correction ("the Department" or "IDOC") and approved by Josh Tewalt, the IDOC Director, must comply with procedural requirements for administrative rulemaking. Gerald Ross Pizzuto, Jr., is an inmate in...

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