Spagnolo v. State

Petitioner, Gianni Spagnolo, filed a petition alleging ineffective assistance of appellate counsel. In October 2009, Petitioner was found guilty, following a jury trial, of murder in the third degree (Count I) and “child abuse/neglect” causing great bodily harm (Count II). At trial, the child’s mother testified that Petitioner watched the child while she worked. On April 28, 2008, the child’s mother called Petitioner to check on the child. He informed the mother that the child was groggy, had a red mark on his head, and may have fallen out of bed or was possibly feeling ill due to an ear…