Judge to decide whether Joseph Duncan will appeal death sentence - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Judge to decide whether Joseph Duncan will appeal death sentence

BOISE, Idaho- Defense attorneys for convicted killer Joseph Edward Duncan III are criticizing a hearing scheduled by a federal judge in Boise to determine whether Duncan really wants to appeal his death sentence. The defense lawyers are serving only in a standby role. They contend the U.S. District Court in Boise no longer has jurisdiction in the case. Instead, they contend in court papers that any issues related to Duncan's appeal should be hashed out in the 9th U.S. Circuit Court of Appeals. Duncan, 45, has been sentenced in both federal and state courts for a bloody 2005 rampage in which he murdered three members of a Coeur d'Alene family, then abducted, sexually abused and tortured two young children before killing one of them at a remote Montana campsite.

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