State v. Leavitt

SUBSTITUTE OPINION, THE COURT’S PRIOR OPINION DATED JUNE 15, 2005 IS HEREBY WITHDRAWN

EISMANN, Justice.

Richard Leavitt challenges his death sentence on the ground that the jury was not involved in the sentencing process. In his criminal case, he filed a motion to correct an illegal sentence, contending that his death sentence was illegal because the jury was not involved in the sentencing. He also filed a successive petition for post-conviction relief raising the same issue. He lost in the district court and then appealed. Because both claims are barred by Idaho Code § 19-2719, we dismiss his…