Commonwealth of the Northern Mariana Islands v. Mariano Faisao Mendiola

Bad Law
976 F.2d 475·1992 WL 232257
United States Court of Appeals for the Ninth CircuitJanuary 14, 199391-10093California6,131 words

Opinion

Opinion

Pregerson, J.

Mariano F. Mendiola was convicted by a jury in the trial court of the Commonwealth of the Northern Mariana Islands (“CNMI”) for first degree murder, robbery, kidnapping, and illegal possession of firearms. The Appellate Division of the United States District Court for the Northern Mariana Islands reversed the convictions and remanded to the trial court. Before the appellate division rendered its decision, however, the newly-created CNMI Supreme Court assumed jurisdiction over Mendiola’s appeal and affirmed the convictions. Men-diola appeals.

On appeal, Mendiola contests the jurisdiction of the CNMI Supreme Court and raises several substantive errors. We hold that the CNMI Supreme Court had jurisdiction over Mendiola’s appeal. On the merits, we hold that Mendiola’s confessions, including those represented by the photographs, were involuntarily made based on the totality of the circumstances and that the confessions were therefore inadmissible. In particular, we note that Mendiola was not adequately apprised of his right to appointed counsel, if he could not afford one. Accordingly, we reverse Mendiola’s convictions.

FACTUAL AND PROCEDURAL BACKGROUND

On October 27, 1987, Galen…

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