If the notes were written by defendant, it would appear the evidence could have been presented by the State that would have been more credible. Under the circumstances the challenged testimony should not have been allowed. However, it was error harmless beyond a reasonable doubt. The portrait of violence painted by defendant himself in the body of this 11 month old victim caused any attributions of violence stemming from the testimony concerning the notes to pale in comparison . NRS 175.552 - provides for the admission at the penalty hearing of such evidence as relates to the character and record of the individual offender.
Court finds that evidence was properly admitted when state fully proved prior acts of violence.
Also, defendant argues that he was not represented at disciplinary hearing related to shank and therefore it is a violation of his sixth amendment rights to admit the evidence in the penalty phase. Since defendant had no right to counsel at the disciplinary hearing, this argument is without merit.