Stuart v. State

KIDWELL, Justice.

Gene Francis Stuart was convicted of first degree murder by torture and sentenced to death. He appeals the district court’s denial of his second petition for post-conviction relief, arguing that the monitoring or recording of telephone conversations between him and his attorney violated his constitutional rights.

I

FACTS AND PROCEDURAL BACKGROUND

In 1982, Gene Francis Stuart (Stuart) was convicted of first degree murder by torture for the beating death of three-year-old Robert Miller, the son of his live-in girlfriend, Kathy Miller. Stuart appealed his conviction and sentence,…