Steven Allen Bruni v. Samuel Lewis, Director of Arizona Department of Corrections, Robert Corbin, Attorney General, State of Arizona

OVERVIEW

Steven Allen Bruni (“Bruni”), an Arizona state prisoner who was convicted of 14 counts of kidnapping, sexual assault and aggravated assault, appeals from the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . Bruni claims that police interrogation violated his fifth amendment right to counsel. We disagree and affirm.

BACKGROUND

On October 22, 1979, a Tucson, Arizona police officer stopped Bruni for having unusually loud muffler pipes on his car. The officer recognized the car as one identified with a number of sexual assault cases under investigation. The officer notified his supervisor, who in turn informed Detective Comstock.

Upon arriving at the scene, Detective Comstock recognized Bruni as a suspect in several recent sexual assault cases and arrested him. She read Bruni his Miranda rights and asked him if he understood them. After he responded affirmatively, she asked him if he would answer her questions. Bruni replied, “Not without my attorney.” He then added immediately, “Well, ask your questions, and I will answer those I see fit.” Detective Comstock then asked him “if that meant he would be willing to answer the…