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Topic: Miranda State

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	Miranda Right to Remain Silent
		The State bears the burden of proof in a motion to suppress a statement allegedly obtained in violation of the Miranda doctrine.
		State v Harvey 121 N.J. 407, 417, 419 (1990) (the defendant's statement that he would tell the police about the murder, but first wanted to speak with his father, was held to be an invocation of the privilege), cert.
		Galloway 133 N.J. at 654; State v Kelly 61 N.J. In contrast, the federal burden of proof for voluntariness of a confession is by a preponderance of the evidence.
	www.njlaws.com /miranda_right_to_remain_silent.htm (1786 words)

	MIRANDA VERSUS THE STATE OF ARIZONA.
		On appeal, Miranda’s lawyers pointed out that the police had never told him that he had the right to be represented by a lawyer, and that he could remain silent if he wished to do so.
		By stating the rights and the privileges of the individual who is arrested, the individual will know his or her rights, privileges, and obligations.
		As shown in the Miranda case, a person may get away with no punishment, even if the accused confesses to the crime, if the police do not read that person his five rights and privileges that are supposed to ensure the due process of the law stated in Amendment number five in the American constitution.
	leo.riohondo.edu /miranda.htm (1017 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Cochran, 369 U.S. (1962), we stated: "[I]t is settled that where the assistance of counsel is a constitutional requisite, the right to be furnished counsel does not depend on a request." This proposition applies with equal force in the context of providing counsel to protect an accused's Fifth Amendment privilege in the face of interrogation.
		There is no requirement that police stop a person who enters a police station and states that he wishes to confess to a crime, 47 or a person who calls the police to offer a confession or any other statement he desires to make.
		Police stated that there was "no evidence to connect them with any crime." Available statistics on the extent of this practice where it is condoned indicate that these four are far from alone in being subjected to arrest, prolonged detention, and interrogation without the requisite probable cause.
	caselaw.findlaw.com /scripts/getcase.pl?court=US&vol=384&invol=436 (16944 words)

	Lawyers USA: Lawyers Weekly FullText Opinion Archives
		Because the State charged defendant with a third offense, it was required to prove beyond a reasonable doubt that defendant was convicted of DUI on two prior occasions.
		During this proceeding, the State used defendant's name, date of birth, address, and social security-information obtained after defendant had received Miranda warnings and invoked his right to remain silent-to establish that the Roy Rheaume convicted of DUI in 1981 and 1997, and the Roy Rheaume presently convicted, were the same person.
		State, 821 A2d 459, 470 (Md. 2003) (police officers engaged in procedural processing dictated by statute are not engaging in interrogation); White, 663 N.E.2d at 844 (questions seeking biographical data exempted from Miranda); State v.
	www.lawyersweeklyusa.com /signup/opinion.cfm?page=usa/rheaume9928021.htm (5112 words)

	No. 99-5525: Dickerson v. United States - Reply (Merits)
		Miranda rests on the proposition that, in the distinctive context of custodial interrogation, systemically adequate safeguards are required to protect a suspect's rights under the Self-Incrimination Clause.
		Miranda itself extensively analyzed the nature of custodial interrogation, the utility of warnings in promoting a voluntary decision by the suspect, and the impact on law enforcement of a warnings-and-waiver rule before concluding that such a rule (or an equally effective legislative safeguard) was necessary to protect the privilege.
		Miranda stated that "Congress and the States are free to develop their own safeguards for the privilege, so long as they are fully as effective as those described [in Miranda] in informing accused persons of their right of silence and in affording a continuous opportunity to exercise it." 384 U.S. at 490.
	www.usdoj.gov /osg/briefs/1999/3mer/2mer/99-5525.mer.rep.html (5347 words)

	American Law Encyclopedia Vol 11
		Appendix to Appellants' Briefs - In The Supreme Court Of The United States October Term, 1952, Appendix To Appellants' Briefsthe Effects Of Segregation And The Consequences Of Desegregation: A Social Science Statementstatement Of Counsel
		The decision of the en banc Court of Appeals for the Fourteenth District of Texas is reported at 41 S.W.3d 349.
		Brief for Petitioner - On Writ Of Certiorari To The Supreme Court Of The State Of Arizonabrief For Petitioner, Jurisdiction
	law.jrank.org /collection/22/West-s-Encyclopedia-American-Law.html (1494 words)

	Miranda State (Venezuela)
		Miranda, is one of central northern and coaster state of Venezuela and its was named in honor to the "Generalissimo" (Great Field Marshall) Francisco de Miranda, one of the most illustrious Venezuelan heroes and precursor of South American Independence, who takes part in the French and the American Revolutions.
		The Miranda State flag is divided in two horizontal and equivalent stripes: the blue (above) represents the "Tuy", the most important river of the state, whilst the green stripe (below) symbolizes the fertile grounds of the region.
		The rising sun reminds the warms coast and beaches of the entity and the cocoa branches represents the agricultural riches of the land.
	www.fotw.net /flags/ve-m.html (643 words)

	Miranda vs Arizona: The Crime That Changed American Justice
		The argument which proceeded Miranda’s was that of Dr. Samuel Sheppard, the man whose murder of his wife was the basis for the television show and film “The Fugitive.” Sheppard’s attorney was F. Lee Bailey, the Boston lawyer who would later defend Patty Hearst (unsuccessfully) and O.J. Simpson (successfully).
		Marshall’s job was to state the position of the U.S. Attorney General and the government of the United States on questions involving Constitutional matters.
		Ernest Miranda, of course, was not present when his fate was being decided; he was still awaiting the decision in the Arizona State Prison.
	www.crimelibrary.com /notorious_murders/not_guilty/miranda/7.html (1110 words)

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	MIRANDA v. ARIZONA, 384 U.S. 436 (1966) -- US Supreme Court Cases from Justia & Oyez
		There is no requirement that police stop a person who enters a police station and states that he wishes to confess to a crime,[Footnote 47] or a person who calls the police to offer a confession or any other statement he desires to make.
		The other officer stated that they had both told Miranda that anything he said would be used against him and that he was not required by law to tell them anything.
		United States, 318 U.S. Footnote 70 Because of this disposition of the case, the California Supreme Court did not reach the claims that the confession was coerced by police threats to hold his ailing wife in custody until he confessed, that there was no hearing as required by Jackson v.
	supreme.justia.com /us/384/436/case.html (17405 words)

	Top 20 U.S. Supreme Court Decisions
		In Miranda, the Court had held that the warning must be given when the individual is "in custody" — "or otherwise deprived of his freedom of action in any significant way".
		Note: Since most states model their Evidence Codes after the Federal Rules, this decision was influential in how state courts would would limit expert testimony — including in drunk driving cases, where "expert" testimony (such as by the police officer) on such non-scientific matters as "field sobriety tests" is common.
		Involving a theft where the intent to steal was legally presumed from the conduct of removing the property, this decision established that conclusive presumptions are a violation of the presumption of innocence and takes away from the jury the function of facutally determining the elements of the offense.
	caselaw.duicenter.com (2118 words)

	Miranda State (Venezuela)
		The previous one didn't represent the State, but to any part of the (Mother) country because the blue was the sky and green the mountains", expressed Liliana González, deputy pertaining to the sector that supports the government.
		Miranda, is one of central northern and coaster state of Venezuela and its was named in honor to the "Generalissimo" (Great Field Marshall) Francisco de Miranda, one of the most illustrious Venezuelan heroes and precursor of South American Independence, who takes part in the French and the American Revolutions.
		The Miranda State flag is divided in two horizontal and equivalent stripes: the blue (above) represents the "Tuy", the most important river of the state, whilst the green stripe (below) symbolizes the fertile grounds of the region.
	www.atlasgeo.net /FOTW/flags/ve-m.html (616 words)

	Miranda v. Arizona, 384 U.S. 436 (1966)
		The officers admitted at trial that Miranda was not advised that he had a right to have an attorney present.{66} Two hours later, the [384 U.S. 492] officers emerged from the interrogation room with a written confession signed by Miranda.
		In the absence of warnings, the burden would be on the State to prove that counsel was knowingly and intelligently waived or that, in the totality of the circumstances, including the failure to give the necessary warnings, the confession was clearly voluntary.
		United States, 160 U.S. While a later case said the Fifth Amendment privilege controlled admissibility, this proposition was not itself developed in subsequent decisions.{2} The Court did, however, heighten the test of admissibility in federal trials to one of voluntariness "in fact," Wan v.
	www.lectlaw.com /files/case04.htm (19216 words)

	• A M A Z I N G M I R A N D A • The Largest Miranda Cosgrove Resource on the Net
		Miranda is best known as megan parker on Drake and Josh or summer hathaway in the school of rock and her new series iCarly.
		We are here to bring you the latest news, media, information and pictures about this young star Also, please remember we are not Miranda, her managment, or relatives.
		The only official place miranda would post is icarly.com we also have word that she has an upcoming official site.
	www.state-of-daydream.net /miranda (1154 words)

	State of WV v. DeWeese, No. 30733
		Miranda warnings must be given to a criminal suspect, who is in custody, prior to conducting a polygraph examination.
		One of the issues raised in the petition was that the police failed to read Miranda warnings to the defendant during an interrogation in which she gave incriminating statements.
		The State has not contended that the “independent source rule” is applicable to the facts of this case.
	www.state.wv.us /wvsca/docs/spring03/30733.htm (6358 words)

	Dalton State College
		A Chatsworth native and 2003 graduate of Murray County High, Miranda was involved in numerous high school activities, including the Indians’ basketball and volleyball teams, Student Council, National Honor Society, Big Brothers/Big Sisters, and much more.
		Miranda plans to graduate from Dalton State in 2007 and begin teaching, followed closely by enrolling in a master’s program, most likely in school counseling.
		Miranda, a 2003-2004 recipient of the DSC Foundation’s Fincher-Loughridge Scholarship and a 2004-2005 recipient of the Foundation’s Sophomore Merit Scholarship, is very grateful for the personal attention she’s received at DSC.
	www.daltonstate.edu /success_story/miranda_davis.htm (200 words)

	Britannicaindia.com: Britannica Browse
		("state"), northeastern Brazil, lying on the Continguiba River at the base of a ridge of sand...
		It is bounded north by the Caribbean Sea, east by the Distrito Federal and Miranda state, south by Guarico state, and...
		("state"), Brazil, on the Jordao River, a tributary of the Paranaiba River, at 3,051 feet (930 metres)...
	www.britannicaindia.com /britannica_browse/a/a39.html (1791 words)

	State v. Garcia, (504A01) 06/25/2004
		Defendant stated that he had intended to rob “the girl,” that he did not have sex with her, and that he could not maintain an erection because he had been drinking all day and was high on cocaine.
		Evidence presented by the State at trial tended to show that on the night of her murder, Bolt was exercising alone in the workout room of her apartment's clubhouse.
		State Bureau of Investigation Special Agent Duane Deaver, a blood spatter expert, testified that he observed blood smear stains on multiple areas of the restroom floor and that one explanation for the stains is that Bolt was crawling in her own blood.
	www.aoc.state.nc.us /www/public/sc/opinions/2004/504-01-1.htm (16818 words)

	[No title] (Site not responding. Last check: )
		Cases in which the state threatens to impose a formal penalty on the suspect's exercise of his privilege against self-incrimination, such as loss of state employment or revocation of probation, are discussed in § 30.04 (selfincrimination).
		Miranda holds that any evidence that the suspect was "tricked" or "cajoled" into waiving his or her rights will render a subsequent confession inadmissible.{117} Promises of leniency, which under the pre-Miranda caselaw were sufficient to exclude confessions as involuntary,{118} should have the same effect on waivers.
		Miranda requires the suspect himself to assert his rights; they cannot be invoked by proxy, and the suspect need not be informed that a third person is trying to arrange for counsel, or that counsel is trying to gain access to the interrogation.{138}
	www.defgen.state.vt.us /lawbook/ch03.htm (6406 words)

	Miranda State (Venezuela)
		The previous one didn't represent the State, but to any part of the (Mother) country because the blue was the sky and green the mountains", expressed Liliana González, deputy pertaining to the sector that supports the government.
		Miranda, is one of central northern and coaster state of Venezuela and its was named in honor to the "Generalissimo" (Great Field Marshall) Francisco de Miranda, one of the most illustrious Venezuelan heroes and precursor of South American Independence, who takes part in the French and the American Revolutions.
		The Miranda State flag is divided in two horizontal and equivalent stripes: the blue (above) represents the "Tuy", the most important river of the state, whilst the green stripe (below) symbolizes the fertile grounds of the region.
	www.crwflags.com /fotw/flags/ve-m.html (616 words)

	State v. Wallace
		The burden is on the State to prove by a preponderance of the evidence that the defendant's waiver of his rights was voluntarily, knowingly and intelligently given.
		As this court acknowledged in [State v.] Wyatt, "[i]t is well settled that the safeguards prescribed by Miranda become applicable as soon as a suspect's freedom of action is curtailed to a 'degree associated with formal arrest.'" 67 Haw.
		We agree with the United States Court of Appeals for the Ninth Circuit that, "when determining whether an arrest has occurred, a court must evaluate all the surrounding circumstances, 'including the extent to which liberty of movement is curtailed and the type of force or authority employed.'" United States v.
	www.state.hi.us /jud/25894.htm (6251 words)

	Ex-judge arraigned in forgeries (Site not responding. Last check: )
		Miranda, 54, was disbarred in 2005 and in 2006, based on two sets of ethical complaints against him.
		According to Matt Silverman of the Bar, Miranda's failure to respond to the accusations was taken as an admission, and he was disbarred, forbidden to practice law in Arizona.
		The Arizona Commission on Judicial Conduct cited three counts against Miranda: that he was in the process of being disbarred for ethical misconduct; that he had been involved in possible criminal conduct; and that he had continued to practice law while suspended and after he had been elected Maryvale justice of the peace in 2004.
	www.azcentral.com /arizonarepublic/local/articles/0902miranda0902.html (356 words)

	CNIGA Chairman Anthony Miranda Gives State of Tribal Nations Address at Western Indian Gaming Conference (Site not responding. Last check: )
		Among the tribal accomplishments of the past year that Chairman Miranda outlined in the address was the opening of dialogue with California Governor Arnold Schwarzenegger, which resulted in a commitment to create a tribal liaison in the governor's office.
		Miranda also asked for the "members of CNIGA to create an Economic Development Task Force in the coming weeks composed of representatives from academia, business and government to come up with recommendations to improve the economic conditions of tribes in California." 3.
		Miranda also issued a plea for tribal unity and cited past successes to illustrate how much more effective the results have been when tribes worked together than when they go it alone.
	prnewswire.com /cgi-bin/stories.pl?ACCT=104&STORY=/www/story/01-17-2007/0004508015&EDATE= (553 words)

	Miranda State - Definition, explanation
		Estado Miranda is one of the 23 states (estados) into which Venezuela is divided.
		Miranda State covers a total surface area of 7 950 km² and, in 2001, had an estimated population of 2 330 872.
		A town in the State of Miranda, Venezuela, on the River GuÃ¡rico, 120 miles...
	www.calsky.com /lexikon/en/txt/m/mi/miranda_state.php (142 words)

	ipedia.com: Miranda State Article (Site not responding. Last check: )
		Estado Miranda is one of the 23 states into which Venezuela is divided.
		Miranda State covers a total surface area of 7,950 km² and, in 1997, had an estimated popu...
		Miranda State covers a total surface area of 7,950 km² and, in 1997, had an estimated population of 2,424,870.
	www.ipedia.com /miranda_state.html (107 words)

	State v. Coombs
		The State bears the burden of establishing a knowing, intelligent, and voluntary waiver of Miranda rights by a preponderance of the evidence.
		He also testified, and Coombs concedes, that she stated that she understood her rights and did not invoke her right to counsel.
		The State conceded at oral argument that this destruction of evidence was beyond the authority granted to the officer.{5} At the suppression hearing, Sergeant Carter offered no explanation for his act of destroying evidence.
	www.courts.state.me.us /opinions/documents/98me1coo.htm (2669 words)

	Diagram of the Case in the Court System, Miranda V. Arizona, Landmark Supreme Court Cases
		Affirmed the conviction and held that Miranda's constitutional rights were not violated in obtaining the confession and admitting it at trial.
		Conviction was entered against Miranda for kidnapping and rape on the basis of a written confession that was admitted into evidence despite defense objections that Miranda had not been informed of his right to an attorney and his right to remain silent during the police interrogation.
		Miranda, a poor immigrant from Mexico, is convicted of rape and kidnapping.
	www.landmarkcases.org /miranda/courtsystem.html (240 words)

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