Scaffidi

Factual and Procedural History

This is an appeal from a murder conviction. Defendant claims that the trial court made evidentiary errors and that he also received ineffective assistance of counsel.

Police twice arrested defendant in Nevada. On the 17th, police arrested defendant for prowling and then released him after he had made bail. When defendant was arrested, he said, “I want an attorney." The next day, the 18th, the police arrested defendant again, but this time for burglary and possession of stolen property. Defendant, on the way back to the station, after hearing that police had searched his apartment, volunteered to talk about his activities. On this occasion on the 18th, the police read defendant his Miranda rights. At the end of a conversation concerning whether he should have counsel, defendant said he would talk to the police without counsel.

During the questioning, the police asked the defendant if he had ever hurt anyone during a robbery. He said no, but he had hurt someone in California. Defendant then confessed to hurting a girl. His confession led to his conviction for the girl’s murder. On the 19th, defendant asked police whether they had found out…