Hairston v. State

TROUT, Justice.

James Hairston appealed from the dismissal of his consolidated successive petitions for post-conviction relief, petition for writ of habeas corpus, and motion to correct illegal sentence, to vacate sentence of death and for new sentencing trial. The State then moved to dismiss the appeal on procedural grounds.

I

FACTUAL AND PROCEDURAL BACKGROUND

James Hairston was convicted by a jury of two counts of first degree murder and robbery in connection with the deaths of William and Dalma Fuhriman. The district court found four statutory aggravating factors and imposed a death sentence…