Pizzuto v. State
Idaho Supreme Court
1Opinion of the Court
SUBSTITUTE OPINION
THE COURT’S PRIOR OPINION DATED NOVEMBER 23, 2007 IS HEREBY WITHDRAWN.
EISMANN, Chief Justice.
The petitioner was convicted of two murders and sentenced to death. In this case, he filed his fifth petition for post-conviction relief, challenging his death sentence on the ground that he was mentally retarded. The district court dismissed his petition on summary judgment, holding that the petition was untimely and that the petitioner did not present evidence creating a genuine issue of material fact as to his mental retardation. The petitioner appealed, and we affirm.
I. FACTS AND…
2Cases cited22 opinions
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