State v. Leavitt

822 P.2d 523, 121 Idaho 4, 1991 Ida. LEXIS 178
CourtIdaho Supreme Court
DecidedNovember 27, 1991
Docket18533
StatusPublished
Cited by24 cases

This text of 822 P.2d 523 (State v. Leavitt) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Leavitt, 822 P.2d 523, 121 Idaho 4, 1991 Ida. LEXIS 178 (Idaho 1991).

Opinions

BOYLE, Justice.

In this criminal case we are called upon to determine whether the death penalty was properly imposed upon Richard A. Leavitt. In 1985, Leavitt was convicted of the first degree murder of Danette Elg in Blackfoot, Idaho, and the district court imposed the death penalty. In State v. Leavitt, 116 Idaho 285, 775 P.2d 599 (1989) (Leavitt I), this Court affirmed the conviction, the finding of a statutorily defined aggravating circumstance, and that the sentence was not disproportionate or excessive. However, the death penalty sentence [5]*5was reversed because the district court had failed to adequately weigh the cumulative mitigating circumstances against each aggravating circumstance and, because of circumstances unique to this case, failed to consider alternative sentences. Id., 116 Idaho 285, 294, 775 P.2d 599, 608 (1989).

In Leavitt I, we held:

Pursuant to I.C. § 19-2827, we determine that the sentence herein was not imposed under the influence of passion, prejudice or other arbitrary factors; that the evidence supports the finding of a statutory aggravating circumstance (I.C. § 19-2515); and that the sentence of death is not excessive or disproportionate to the penalty imposed in similar cases.
For all of the above considerations, we affirm the judgment of conviction of first degree murder, but we reverse the trial court’s imposition of the death penalty and remand to the trial court for further consideration in light of this opinion. The trial court is, in its discretion, authorized to convene additional hearings and obtain additional information and/or testimony.

Affirmed in part, reversed in part.

116 Idaho at 294, 775 P.2d at 608 (emphasis original).

Upon remand, the district court conducted a sentencing hearing wherein additional evidence was presented. Following the hearing, the district court weighed all the mitigating factors against the single I.C. § 19-2515(g)(5) aggravating circumstance,1 contemplated alternative sentencing possibilities and, for a second time, sentenced Leavitt to death. After thoroughly considering the record, we affirm.

I.

Leavitt argues that the aggravating circumstance set forth in I.C. § 19-2515(g)(5), and found to exist by the district court and by this Court in Leavitt I, is unconstitutionally vague and violates his Eighth Amendment rights. Specifically, Leavitt asserts the language “exceptional depravity” does not provide sufficient direction to the sentencing court as required by Maynard v. Cartwright, 486 U.S. 356, 108 S.Ct. 1853, 100 L.Ed.2d 372 (1988), and Godfrey v. Georgia, 446 U.S. 420, 100 S.Ct. 1759, 64 L.Ed.2d 398 (1980). We disagree. An Eighth Amendment claim based qpon vagueness examines whether the challenged aggravating circumstance, together with any limiting instruction, adequately channels the discretion of the sentencing body in order to prevent the imposition of an arbitrary and capricious sentence. See Maynard v. Cartwright, 486 U.S. 356, 108 S.Ct. 1853, 100 L.Ed.2d 372 (1988); Godfrey v. Georgia, 446 U.S. 420, 100 S.Ct. 1759, 64 L.Ed.2d 398 (1980); Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976); Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972). This Court has previously addressed and upheld the constitutionality of I.C. § 19-2515(g)(5), including the Eighth Amendment vagueness claim presently asserted by Leavitt. State v. Pizzuto, 119 Idaho 742, 810 P.2d 680 (1991); State v. Lankford, 116 Idaho 860, 781 P.2d 197 (1989); State v. Charboneau, 116 Idaho 129, 774 P.2d 299 (1989); State v. Osborn, 102 Idaho 405, 631 P.2d 187 (1981). In Osborn, we adopted and applied limiting language applicable to the “exceptional depravity” language in I.C. § 19-2515(g)(5) to ensure this particular aggravating circumstance would be “sufficiently definite and limited to guide the sentencing court’s discretion in imposing the death penalty.” 102 Idaho at 418, 631 P.2d at 200.2 This language was [6]*6thereafter upheld as constitutional in Charboneau, 116 Idaho at 152, 774 P.2d at 322, and Pizzuto, 119 Idaho at 771, 810 P.2d at 709.

In addition, given the Idaho legislature’s statutory directive that a defendant be sentenced by a district judge rather than by a jury, Leavitt’s reliance upon Godfrey and Maynard is misplaced. In addressing a similar claim, the United States Supreme Court in Walton v. Arizona, 497 U.S. 639, 110 S.Ct. 3047, 111 L.Ed.2d 511, (1990), recently stated:

Maynard v. Cartwright and Godfrey v. Georgia, however, are distinguishable in two constitutionally significant respects. First, in both Maynard and Godfrey the defendant was sentenced by a jury and the jury either was instructed only in the bare terms of the relevant statute or in terms nearly as vague. Neither jury was given a constitutional limiting definition of the challenged aggravating factor. Second, in neither case did the State appellate court, in reviewing the propriety of the death sentence, purport to affirm the death sentence by applying a limiting definition of the aggravating circumstances to the facts presented____
When a jury is the final sentencer, it is essential that the jurors be properly instructed regarding all facets of the sentencing process. It is not enough to instruct the jury in the bare terms of an aggravating circumstance that is unconstitutionally vague on its face. That is the import of our holdings in Maynard and Godfrey. But the logic of those cases has no place in the context of sentencing by a trial judge. Trial judges are presumed to know the law and to apply it in making their decisions. If the Arizona Supreme Court has narrowed the definition of the ... aggravating circumstance, we presume that Arizona trial judges are applying the narrower definition. [7]*7al of which could have been the cause of death.

[6]*6497 U.S. at-, 110 S.Ct. at 3057 (emphasis added) (citations omitted).

In Idaho a defendant in a capital case is sentenced by a district judge presumed to know the law. Therefore, Leavitt’s reliance on Godfrey and Maynard is misplaced. We reaffirm our prior decisions and hold that the language of the aggravating circumstance in I.C. § 19-2515(g)(5) is not unconstitutionally vague. State v. Pizzuto, 119 Idaho 742, 810 p.2d 680 (1991); State v. Charboneau, 116 Idaho 129, 774 P.2d 299 (1989); State v. Osborn, 102 Idaho 405, 631 P.2d 187 (1981).

II.

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Bluebook (online)
822 P.2d 523, 121 Idaho 4, 1991 Ida. LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-leavitt-idaho-1991.