Clipped From The Daily Chronicle

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 - in is m Ernesto Miranda's Case Unusual By JAMES...
in is m Ernesto Miranda's Case Unusual By JAMES MARLOW AP News Analyst WASHINGTON (AP) - At 26 Ernesto Miranda is in a box -one -one of the strangest in America history. He won a landmark decision from the Supreme Court but, as a by-product of his victory, faces 20 years in jail. He will stay there unless the court can be persuaded to consider his case again. But, if it does, this will be tha first time the court ever encountered encountered a problem like Miranda's. His is not a pretty story but here it is step by step. In 1963 he was arrested in his Phoenix, Ariz., home, taken to a' police lineup, and there identified identified as the man who had committed committed two crimes eight months apart, a rape and a robbery. Police then questoined him in a private room for about two hours. In that time he made written confessions on both crimes. They were used against him at his trials on both charges. He was convicted of both. For the rape he got 25-30 years, for the robbery 10-25. But there was a fine constitutional question involved. Had Miran' da's right not to incriminate laid down this order for the future: future: Before police question a prisoner prisoner they must tell him clearly he does not have to answer, that he is entitled to have a lawyer with him, and, if he can't afford one, that the state will supply him with a lawyer. So Miranda won -- on the rape case. It might have seemed logical to assume that now his lawyers could appeal his robbery conviction and expect expect the court automatically to throw that one out, too, and for the same reason: That the confessions to the rape and robbery, although separate, separate, had been made under identical circumstances in the same two hours of questioning which the court, in the rape case, had decided violated his rights. But when the court gave its June 13 decision, it knew this action would spark a deluge of appeals from all over the country country from men who, already convicted convicted of crimes, would argue their confessions had not been voluntary. To head off this enormous rush, the court on June 20 that Its June 13 ruling would apply to convictions before then but only to those whose trials occurred after June 13. But where did that leave Miranda, Miranda, still serving a 20-25-year robbery sentence? Could he appeal appeal this case now since the court'had shut the door on appeals appeals from convictions before June 13? This is what makes Miranda unique. As of Monday night his lawyer, Frank, said he and his associates were still trying to decide what to do next. TEBTEBTILlJli In the Twin Citieg and Lewis 10 Yaan Ago Junt M, 19tt Martin to Mr. Frank Anderson of Maple Valley. Miss Neva

Clipped from
  1. The Daily Chronicle,
  2. 28 Jun 1966, Tue,
  3. Page 6

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