Brief for Respondent - On Writ Of Certiorari To The Supreme Court Of The State Of Arizonabrief For Respondent, Question Presented
rules petitioner
ERNESTO A. MIRANDA, PETITIONER,
V.
THE STATE OF ARIZONA, RESPONDENT
JURISDICTION OPINION BELOW CONSTITUTIONAL PROVISIONS INVOLVED
Pursuant to Rule 40, Subd. 3, Rules of the Supreme Court, 28 U.S.C. Rules, as amended, the respondent accepts petitioner's presentation of the above referenced portions of the brief.
Additional Topics
Pursuant to Rule 40 of this Court, supra, respondent deems it necessary to set forth additional facts from the record of this case which are considered essential to the complete resolution of the issues presented for review. A psychiatric report is part of the record (R.6) and has been referred to by petitioner in his Statement of the Case.2 The totality of this report is essential for an adequate…
Petitioner was in no way denied his constitutional right to counsel in this case. He neither merits, nor is he reason for, the pronouncement of the broad constitutional principle which is sought. Petitioner received a full elementary education and, although he had an emotional illness, he had sufficient mentality and emotional stability to understand what he was doing when he was doing it, and to …
Petitioner states that his life for all practical purposes was over when he walked out of Interrogation Room #2 on March 13, 1963.8 The real fact is that Miranda's life was unalterably destined ten days earlier during the late evening hours of March 2 and the early morning hours of March 3, when he kidnapped and raped his victim, Patricia Weir. What followed must not be described in cynical…
Quite appropriately, Justice Goldberg, who authored Escobedo v. Illinois, supra, provides the words most appropriate to conclude this brief. Speaking for the Court in United States v. Ventresca, supra, 380 U.S. 102, he said: 38 For an exhaustive collection of citations see: Sokol, Brief of Amicus Curiae in the Escobedo Cases, supra, n. 29. 39 E.g. Sutherland, Crime and Confession, 79 Harv. L. Rev.…
JAMES M. KILGORE JR., M.D. Suite 209 461 West Catalina Drive Phoenix 13, Arizona PSYCHIATRY May 28, 1963 Honorable Warren L. McCarthy Judge of the Superior Court Maricopa County Court House Phoenix, Arizona MIRANDA, Ernest Arthur Criminal Cause #41947, #41948 Ernest Arthur Miranda is a 23-year-old Mexican male who was examined by me in the County Jail on May 26, 1963. Mr. Miranda is charged with t…
STATE'S EXHIBIT 1 CITY OF PHOENIX, ARIZONA POLICE DEPARTMENT Form 2000-66-D Witness/Suspect Rev. Nov. 59 Statement SUBJECT: Rape D.R. 63-08380 STATEMENT OF: Ernest Arthur Miranda TAKEN BY: C. Cooley #413—W. Young #182 DATE: 3-13-63 Time: 1.30 P.M. PLACE TAKEN: Interr R…
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