RHOADES v. STATE

Nos. 35187, 34198, 34199.

233 P.3d 61 (2010)

In re Paul Ezra RHOADES/Randy Lynn McKinney/Gerald Ross Pizzuto, Jr./ David Leslie Card/James H. Hairston, Defendants-Appellants, v. STATE of Idaho, Respondent. Gene Francis Stuart, Petitioner-Appellant, v. State of Idaho, Respondent. Gene Francis Stuart, Petitioner-Appellant, v. State of Idaho, Respondent.

Supreme Court of Idaho, Boise, August 2009 Term.

Rehearing Denied June 4, 2010.


Attorney(s) appearing for the Case

Nevin, Benjamin, McKay & Bartlett, LLP, Boise, and Federal Defender Services of Idaho, Moscow, for appellants Stuart, Rhoades, Card and Hairston. Dennis Benjamin appeared.

Office of the Federal Defender for the Eastern District of California, Sacramento, for appellants McKinney and Pizzuto. Oliver Loewy argued.

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


HORTON, Justice.

This is a consolidated appeal from orders issued by the district courts dismissing Petitioners' successive petitions for post-conviction relief. In those petitions, accompanied by petitions for writ of habeas corpus and motions to correct an illegal sentence, Petitioners asked that their sentences of death be vacated and that they be granted new sentencing trials. Petitioners Paul Rhoades, Randy McKinney, Gerald Pizzuto, David Card, James Hairston...

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