In arguments at the Idaho Supreme Court today, defense attorney David Nevin contended there are questions about condemned murderer Richard Leavitt's guilt that have yet to be explored in court. But Deputy Attorney General LaMont Anderson told the justices, “We've been at this case now for 28 years.”
Justices peppered Nevin with questions about whether his interpretation of court rules would allow endless appeals to head off any execution. He countered, “We are not in the business of frivolous appeals here. There's a serious and significant issue as to guilt pending in the federal court.” Justice Jim Jones, a former Idaho attorney general, recused himself from the case; sitting in as a justice pro tem was retired Chief Justice Gerald Schroeder.
Late Thursday, the justices dismissed a major filing by Leavitt's attorneys, a petition to vacate the death warrant and conduct a new hearing. Then on Friday, U.S. District Judge Lynn Winmill dismissed a bid to stay the execution on the basis that a March U.S. Supreme Court decision cleared the way for consideration of Leavitt's earlier claim of ineffective counsel, with regard to testing of blood from the crime scene. Nevin immediately appealed that decision to the 9th Circuit U.S. Court of Appeals, which will hear arguments on it Thursday.
Today, U.S. District Judge Edward Lodge dismissed the portion of a lawsuit challenging Idaho's lethal-injection execution procedure that involves Leavitt, declining to issue a stay of execution, but leaving the case active for three other Death Row inmates. Leavitt is scheduled to die June 12 for the 1984 murder and mutilation of Danette Elg in eastern Idaho; you can read my full story here at spokesman.com on how he's lost three bids to stay his execution in the past five days.