Defense blasts hearing on killer Duncan's appeal

By Associated Press

Summary

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.

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Story Published: Nov 22, 2008 at 3:39 PM PST

Story Updated: Nov 22, 2008 at 3:39 PM PST

Defense blasts hearing on killer Duncan's appeal
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.