Tomarchio v. State

OPINION

Appellant Philip Alexander Tomarchio, Jr. was convicted of first-degree murder after a jury trial, and sentenced to life imprisonment without the possibility of parole. The district court erred, however, in finding that appellant did not request an attorney prior to being questioned by police, and in applying an erroneous standard of review in determining whether appellant’s confession was voluntary. Further, the prosecution improperly attempted to impeach a key defense witness with an undocumented prior conviction. As we find the evidence of appellant’s guilt overwhelming, we decline…