Stuart v. State

ON DENIAL OF PETITION FOR REHEARING

1990 Opinion No. 35, issued March 12, 1990, is hereby withdrawn and this opinion is substituted therefor.

*866BAKES, Chief Justice.

The appellant, Gene Francis Stuart, appeals the district court’s denial of his petition for post conviction relief. Stuart was convicted of first degree murder by torture of three-year-old Robert Miller, committed on September 19, 1981. He was sentenced to death. His conviction and sentence were affirmed by this Court on direct appeal. See State v. Stuart, 110 Idaho 163, 715 P.2d 833 (1985). In June, 1986, Stuart filed a petition for…