State v. Sivak

TROUT, Justice.

This is a death penalty case which has been the subject of three prior appeals to this Court. State v. Sivak, 105 Idaho 900, 674 P.2d 396 (1983) (Sivak I); Sivak v. State, 112 Idaho 197, 731 P.2d 192 (1986) (Sivak II); State v. Sivak, 119 Idaho 320, 806 P.2d 413 (1990) (Sivak III). In Sivak I, this Court upheld Sivak’s conviction for first-degree murder and the death sentence imposed by the trial court. In Sivak II, a post-conviction proceeding, this Court vacated the trial court’s death penalty sentence and remanded the case for resentencing to permit Sivak to present further…