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  1. #1

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    Gene Francis Stuart - Idaho Death Row




    Facts of the Crime:

    Gene Stuart was convicted of murder by torture in 1982. His victim: three-year-old Robert Miller, the son of Stuart’s girlfriend Kathy Miller.

    Stuart, who was living with the child’s mother and had assumed a parental role, struck Robert in the abdomen when the child refused to eat his lunch. Later, Stuart found the boy having difficulty breathing and took him to the local hospital, where he was pronounced dead from internal hemorrhaging from a ruptured liver.

    Court documents state that Nick Albers, then sheriff of Clearwater County, was called out to the hospital on a possible child abuse case. Over the course of the investigation, Albers contacted several women from Stuart’s past, many of whom painted a picture of ongoing abuse and domestic violence.

    Kathy Miller testified against Stuart, but claimed she was not aware of the abuse. Experts testified they’d found evidence of earlier injuries inflicted upon the child — internal and external bruises, a subdural hematoma and on his head and a broken arm.

    After weeks of testimony, a jury found Stuart guilty — the first murder by torture conviction in the state of Idaho.

  2. #2
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    No. 10-6989 *** CAPITAL CASE ***
    Title:
    Gene Francis Stuart, Petitioner
    v.
    Idaho
    Docketed: October 15, 2010
    Linked with 10A147
    Lower Ct: Supreme Court of Idaho
    Case Nos.: (34200)
    Decision Date: May 10, 2010

    ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
    Jul 29 2010 Application (10A147) to extend the time to file a petition for a writ of certiorari from August 8, 2010 to October 7, 2010, submitted to Justice Kennedy.
    Aug 5 2010 Application (10A147) granted by Justice Kennedy extending the time to file until October 7, 2010.
    Oct 7 2010 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2010)
    Nov 16 2010 Order extending time to file response to petition to and including January 14, 2011.
    Jan 13 2011 Brief of respondent Idaho in opposition filed.
    Jan 20 2011 DISTRIBUTED for Conference of February 18, 2011.
    Jan 24 2011 Reply of petitioner Gene Francis Stuart filed. (Distributed)
    Feb 22 2011 Petition DENIED.

    http://www.supremecourt.gov/Search.a...es/10-6989.htm

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