[Deathpenalty]death penalty news-----IDAHO

[Rick Halperin]

Nov. 23


IDAHO:

Divided high court reopens appellate door for former death row inmate


In Boise, the Idaho Supreme Court ordered a new hearing today on claims of
prosecutorial misconduct in the conviction of former death row inmate
Jaime Dean Charboneau.

The 45-year-old Jerome man was convicted of the 1984 killing of his
ex-wife at her rural ranch house.

He claims he has material proving prosecutors hid evidence that could have
helped his defense.

The court majority says while what Charboneau offers isn't enough to prove
his claim, it does raise the prospect that he could be right.

The dissenters claimed that no matter how the lower court handled the
issue, dismissing the appeal was the right thing because all Charboneau's
purported evidence is inadmissible hearsay.

(source: Associated Press)