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Eye On Boise

Lodge rules Duncan was competent, his death sentence appeal was waived

A federal judge has cleared the way for Joseph Duncan’s execution for the 2005 kidnapping, torture and murder of a 9-year-old North Idaho boy, ruling that Duncan was mentally competent when he gave up the right to appeal his death sentence. U.S. District Judge Edward Lodge issued the ruling today, following a six-week competency hearing Lodge presided over in January and February of this year.

There still could be further appeals, but Lodge’s 66-page ruling was a key step toward Duncan’s execution. The Idaho judge ruled that Duncan is “deemed competent to waive his right to appeal in this matter.”

U.S. Attorney for Idaho Wendy Olson said, “The United States is pleased with this careful, considered decision.” Duncan’s murderous attack on a North Idaho family at their home in 2005 left three other family members dead; only 9-year-old Dylan’s then-8-year-old sister, Shasta, survived the ordeal. You can read my full story here at

Betsy Z. Russell
Betsy Z. Russell joined The Spokesman-Review in 1991. She currently is a reporter in the Boise Bureau covering Idaho state government and politics, and other news from Idaho's state capital.

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