Thirteen months after multiple murderer Joseph Duncan was handed three death sentences by an Idaho federal court jury, his appeal in the 9th Circuit Court of Appeals remains stalled at its earliest stage: The appellate court has yet to rule on whether it can even consider the appeal. Duncan said he didn’t want to file an appeal, but his standby attorneys filed it for him anyway. The high court has ordered the attorneys to present arguments on two points: Whether the appeal can even be considered, when Duncan didn’t want it filed; and whether he was mentally competent to waive his right to appeal. But the defense attorneys have sought and received two lengthy delays to submit those arguments; the second was granted just last week. You can read my full story here from Sunday’s Spokesman-Review.
Betsy Z. Russell covers Idaho news from The Spokesman-Review's bureau in Boise.
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