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You are working as a federal law clerk in the federal court in Phoenix, Arizona. The case of Stewart
v. Arizona has recently come on the docket. Stewart is currently sitting in prison in Arizona. He
came to be there through the following facts:
In early 2009, a rash of seemingly related murders ravaged the area of Flagstaff, Arizona. Police
soon announced that they were on the hunt for a serial killer. On March 14, 2009, Stewart
retained the services of Careful and Cautious, LLP, a law firm in Flagstaff to help with his legal
troubles. During the initial consultation, Stewart told James Careful the following:
Well, Mr. Careful, the truth is that I’m behind the six recent murders in the area. I’m really a good
guy and I hate to kill people. But sometimes, I just can’t help myself. I don’t want to continue
killing people but these voices in my head… they’re just so logical and irresistible.
James Careful promptly called the local police and reported his conversation with Stewart. Stewart
was arrested for capital murder. A later search of his house turned up the murder weapon in two of
the cases and files on Stewart’s computer that contained information on two more victims. Stewart
was put on trial in the Fall of 2009. At trial, Stewart was represented by a public defense and
James Careful testified against him. Careful related the entire March 14 conversation to the jury.
After a three week trial, Stewart was found guilty of six counts of capital murder and was
sentenced to death. He summarily appealed his sentence. Two months ago, the Arizona Supreme
Court denied his appeal.
Stewart, through his new appointed attorneys (paid for by a non-profit anti-death penalty
organization), has filed a petition for a writ of habeas corpus in the federal district court for the
District of Arizona. Among other arguments, Stewart claims that his rights were violated by Arizona
because information and testimony was used against him that related to his confidential discussions
with his then attorney, James Careful. The state claims that the use of the confidential
communication with his attorney was proper in this case.
Joe Judge asks you to research applicable law and to write an essay discussing whether the use of
Careful’s information and testimony regarding his conversation with Stewart violated Stewart’s
rights. Mr. Judge tells you that since you’re in the 9thCircuit court of appeals’ jurisdiction, cases
from the 9th Circuit would be best. However, cases from other circuits are better than nothing and
can be used in a pinch.
Please prepare the requested essay.
An IRAC-style essay is appropriate for this assignment.