BOISE, ID – The Idaho State Court of Appeals on Friday overturned a Nez Perce County Second District Court judge’s ruling in the 2008 First-Degree Murder case of Leotis Branigh, III. At trial in 2008, Branigh chose to represent himself after jury selection, with appointed counsel standing by as advisory counsel only.
Branigh was convicted of shooting and killing Michael Johnston in October 2007 and was sentenced to life in prison without the possibility of parole. Nez Perce County Second District Court Judge Jeff Brudie also sentenced Branigh to an additional 15-year prison term for using a firearm.
After the guilty verdict, Branigh requested a new trial be ordered due to “insufficient assistance of counsel”.
Two years ago, Brudie heard motions from Branigh’s defense counsel requesting a new trial. After hearing the arguments and holding an evidentiary hearing, he reversed the jury’s guilty verdict and ordered a new trial be given to Branigh.
The Nez Perce County Prosecutor’s Office, under Chief Civil Prosecutor Nance Ceccarelli, brought the case to the Court of Appeals with the assistance of the Idaho Attorney General’s Office. The Court of Appeals reviewed the case and published in their ruling on December 8th: “The district court did not have authority to consider a waived claim on remand and erred in granting relief on that claim.”
Branigh has been denied a new trial and will continue to serve his Murder in the First Degree sentence.
“After 15 years of fighting to keep Mr. Branigh in prison, I am thrilled the Appeals Court overturned Judge Brudie’s decision. My office can now focus our time and resources on the multiple other murder cases we have pending,” Prosecutor Justin Coleman says. “I especially want to thank Chief Civil Deputy Ceccarelli for her many hours of hard work on this case.”
Judge Brudie retired in December 2021.
Read the ruling HERE.
