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Was Ernesto Miranda convicted at his new trial?

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Answered 2010-06-19 13:58:22

Yes. Miranda was convicted at his second trial, and the decision was affirmed by the Arizona Supreme Court. The US Supreme Court denied certiorari to review the second trial in 1969, leaving the decision of the Arizona Supreme Court controlling.

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Ernesto Miranda was convicted of kidnapping, rape and armed robbery in Maricopa County, Arizona in 1963, and sentenced to 20-30 years in prison.After the US Supreme Court vacated Miranda's first conviction and ordered a new trial, he found guilty a second time (without the self-incriminating evidence), and again sentenced to 20-30 years. He was released on parole in 1972.Miranda was stabbed to death in a barroom brawl in 1976.

Yes, there were witnesses who testified against Ernesto Miranda at both trials. After the US Supreme Court ruled that the confession used to convict him in his first trial was inadmissible in court because it was given in ignorance of his Fifth Amendment right against self-incrimination, the first jury verdict was vacated and the case was remanded for a new trial. In the second trial, witness testimony and other evidence were sufficient to result in a second guilty verdict. Ernesto Miranda was sentenced to 20-30 years in prison at his second trial, and released on parole in 1972. He was killed in a barroom fight in 1976.

On March 13, 1963, police arrested Ernesto Miranda for stealing money from a Phoenix, Arizona bank worker. During two hours of questioning, Miranda confessed to the crime, but was never offered an attorney during his interrogation and eventually received a prison sentence based primarily on his confession. On June 13, 1966, the U.S. Supreme Court reversed the Arizona Court's decision and granted Ernesto Miranda a new trial at which his confession could not be admitted as evidence. The ruling established the "Miranda" rights of persons accused of crimes.

Miranda v. Arizona, 384 US 436 (1966)The petitioner, Ernest Miranda, won by a vote of 5-4. His conviction was overturned, and the case remanded to Arizona Superior Court for a new trial consistent with the Supreme Court's instructions in the opinion of the Court.Miranda was subsequently convicted at his second trial, and the decision was affirmed by the Arizona Supreme Court. The US Supreme Court denied certiorari for reviewing the second trial in 1969, leaving the decision of the Arizona Supreme Court controlling.For more information, see Related Questions, below.

No. It might possibly be used in any appellate action to overturn the original verdict and gain a new trial for the convicted person. In very rare cases convicted persons have been released from prison while awaiting a new trial, but that is in relation to DNA (hard evidence) not only on testimony written or otherwise.

No. If a person has been convicted, it is no longer possible to "drop" the charges. The convicted person must seek to have his conviction overturned, either through an appeal or a new trial, depending on the circumstances and on the state's procedural law. At a new trial, he would be able to introduce evidence of the confession of another person as exculpatory evidence.

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You either were found not guilty and why would you want to waive that or it was dismissed with prejudice and you do not want to waive that either. If convicted a new trial would only occur if they was a problem with the old trial and Double Jeopardy would not apply

If the president is impeached, the US Senate holds a trial. The Chief-Justice of the United States presides over the trial. If the president is convicted by a 2/3 vote of the voting senators, he is removed from office and the vice-president is sworn in as the new President. If he is not convicted by the required 2/3 majority, that is the end of the affair.

A mistrial and a new trial are alike because they both require a new trial to be started and anything before will not come in to play during the new trial.

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The man that wasn't convicted would remain free, as double jeopardy prevents the prosecution from bringing the charge against him again. The man who was convicted would likely file a motion for new trial and ask the court to overturn the conviction based on the new evidence. Depending on the strength and credibility of the new confession, he may or may not be released. There is no automatic process, and if there is any evidence to suggest that the new confession is made up, the convicted man may not be released. In reality, two defendants would not be accused and tried for murder unless there was a suggestion that they were acting in concert. Murder trials are expensive and lengthy, and prosecutors do not take them to trial unless they have relatively certain evidence to suggest they have the right guy. This is not to suggest that everyone on trial for murder is guilty, but more that in a situation where the evidence is ambiguous, the prosecution is going to do more research and choose one defendant, rather than split resources prosecuting two.

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in civil court, the court may, on motion, grant a new trial on all or some of the issues after a jury trial or nonjury trial for any reason for which a new trial has heretofore been granted in an action at law in federal court. generally, that occurs when there has been an error in the procedure in the trial, or after an incorrect verdict.

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