Stuart v. State

This is a post-conviction proceeding in a death penalty case. We conclude that the trial court was correct in denying the petitioners I.R.C.P. 60(b)(5) motion, which asserted that the Courts opinion in State v. Tribe, 123 Idaho 721, 852 P.2d 87 (1993) requires that the petitioner receive a new trial because the jury was not instructed on second degree murder by torture.