Defense blasts hearing on killer Duncan's appeal

Defense blasts hearing on killer Duncan's appeal

Tools

Story Published: Nov 22, 2008 at 4:39 PM PDT

Story Updated: Nov 22, 2008 at 4:39 PM PDT

By Associated Press

BOISE, Idaho (AP) - Defense attorneys for convicted killer Joseph Edward Duncan III are criticizing a hearing scheduled by a federal judge in Boise to determine whether Duncan wants to appeal his death sentence.

The defense lawyers, serving in a standby capacity, contend the U.S. District Court in Boise no longer has jurisdiction. Instead, they say that any appeals should be hashed out in the 9th U.S. Circuit Court of Appeals.

The defense team filed a notice of appeal in the case last week. But Duncan responded by sending a letter stating he didn't want the appeal, and federal prosecutors followed with a motion to have the appeal notice dismissed.

Duncan was sentenced to death earlier this year for the 2005 kidnapping, sexual abuse and torture of two Coeur d'Alene children and the murder of one of them.

Weather & Traffic

Icon
Current Temp 73.0 °F
Mostly Cloudy with Haze
More Weather

Weather & Traffic

More Weather

On Demand

Resources and info you need to prepare for the switch to DTV.

Stay Connected

YouNews

This content requires the latest Adobe Flash Player and a browser with JavaScript enabled. Click here for a free download of the latest Adobe Flash Player.

Marketplace