Stuart v. State

McDEVITT, Justice.

This is the fourth opportunity for this Court to review the murder conviction and imposition of the death penalty of Gene F. Stuart. In 1982, the appellant was found guilty of the first degree murder by torture of three-year-old Robert Miller. This Court first upheld the imposition of the death penalty in State v. Stuart, 110 Idaho 163, 715 P.2d 833 (1985). Subsequently, the appellant brought his first Petition for Post-Conviction Relief which was dismissed by the trial court. Upon rehearing, this Court upheld the dismissal of the first petition in Stuart v. State, 118 Idaho…