In Boise, the Idaho Supreme Court threw out the death...

In Boise, the Idaho Supreme Court threw out the death sentence of Donald Fetterly, citing a recent U.S. Supreme Court ruling the judges said "appears to invalidate the death penalty scheme in Idaho."
In the decision, the court ordered the resentencing of Donald Fetterly, setting aside issues raised in challenging his conviction and execution until the new sentence is imposed.
Fetterly, 49, sentenced to death for the 1983 stabbing death of Sterling Grammer. Tuesday's ruling made no reference to 21 other inmates on Idaho's death row, whose sentences are in various stages of appeal. In June, the U.S. Supreme Court held that in the sentencing phase of a capital crime a jury, not the judge, must decide whether the aggravating factors are sufficient to warrant execution.