The death sentence of Richard Albert Leavitt, 45, was...

The death sentence of Richard Albert Leavitt, 45, was thrown out because it was imposed by a judge without the involvement of a jury. The 3-judge panel of the 9th U.S. Circuit Court of Appeals ordered Richard Albert Leavitt, 45, re-sentenced under the state's new law enacted in January 2003 after the U.S. Supreme Court in 2002 invalidated sentencing schemes that relied solely on judges. Leavitt's conviction for the stabbing and mutilation death of Danette Jean Elg, 31, in July 1984, was upheld, reversing the ruling 4 years ago by U.S. District Judge B. Lynn Winmill that an improper jury instruction required Leavitt to be tried again. Leavitt is the 4th condemned inmate to have his execution thrown out because of the old judge-only sentencing scheme. Kenneth Fetterly was given a life sentence when the state Supreme Court invalidated his execution before the state Legislature had come up with the new sentencing law for death penalty cases. Jimmie Vurel Thomas and Faron Lovelace are still awaiting re-sentencing.