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STATE v. ODIAGA

No. 19681.

871 P.2d 801 (1994)

125 Idaho 384

STATE of Idaho, Plaintiff-Respondent-Cross Appellant, v. Mitchel John ODIAGA, Defendant-Appellant-Cross Respondent.

Supreme Court of Idaho, Boise, November 1993 Term.

Rehearing Denied April 28, 1994.

Attorney(s) appearing for the Case

Brian E. Elkins, Ketchum, and Nevin, Kofoed & Herzfeld, Boise, for appellant. Brian E. Elkins argued.

Larry EchoHawk, Atty. Gen. and Lynn E. Thomas, Deputy Atty. Gen., Boise, for respondent. Lynn E. Thomas argued.

McDEVITT, Chief Justice.

I

BACKGROUND AND PROCEDURE

The essential facts of this case are not in dispute. At approximately 10:00 p.m., June 22, 1990, Mitchel John Odiaga ("Odiaga") drove a white Oldsmobile into Ketchum, Idaho. Odiaga then shot and killed Gerald "Shenendoa" Wright ("Wright") and Bruce Schafer ("Schafer"). The shootings occurred within minutes of each other.

Odiaga proceeded to Warm Springs Road, where he exited his car. Jerry...

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