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Wrongly Convicted Database Record
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Charge: |
First Degree Murder and Robbery |
Sentence: |
Death |
Years Imprisoned: |
15 |
Year Crime: |
1981 |
Year Convicted: |
1982 |
Year Cleared: |
1996 |
U.S. State or Country of Crime: |
Nevada |
County or Region of Crime: |
Clark |
City of Crime: |
Las Vegas |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Roberto Miranda was wrongly convicted on August 19, 1982 of first-degree murder and robbery in Las Vegas, Nevada. After Miranda was charged he was assigned an inexperienced public defender a year out of law school who had never handled a capital case before. The lawyer didn't interview witnesses Miranda told him would contradict his chief accuser, and didn't call any of them to testify. He was sentenced to death in September 1982 after he was convicted by a jury. In January 1996 Miranda's habeas corpus petition was granted by a Clark County District Court judge on the basis his trial lawyer's failure to investigate five exculpatory witnesses prior to trial was prejudicial ineffective assistance of counsel. On September 3, 1996 the Clark County DA's Office submitted a motion to dismiss the charges which was granted. Miranda was released after 15 years in custody and more than 13 years on Nevada's death row before his conviction was reversed. Miranda filed a federal civil rights lawsuit that named a number of defendants, including the Clark County Public Defenders office. In Oct 2003 the US Supreme Court refused to intervene in Miranda's suit against Clark County Nevada and the former head of the Clark County public defenders office. Miranda settled his lawsuit for $5 million in June 2014. He was represented in his lawsuit by famed defense lawyer Gerry Spence." |
Conviction Caused By: |
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Innocence Proved By: |
"In January 1996 Miranda's habeas corpus petition was granted by a Clark County District Court judge on the basis his trial lawyer's failure to investigate five exculpatory witnesses prior to trial was prejudicial ineffective assistance of counsel. On September 3, 1996 the Clark County DA's Office submitted a motion to dismiss the charges which was granted. Miranda was released after 15 years in custody and more than 13 years on Nevada's death row." |
Defendant Aided By: |
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Compensation Awarded: |
"$5 million (Clark County, Nev., June 2004)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
38 |
Age When Released: |
53 |
Sex: |
Male |
Skin/Ethnicity: |
Hispanic |
Information Source 1: |
"Former inmate’s lawsuit settled for $5 million, By Jace Radke, Las Vegas Sun, June 30, 2004" |
Information Location 1: |
http://lasvegassun.com/news/2004/jun/30/former-inmates-lawsuit-settled-for-5-million/ |
Information Source 2: |
"Ex-Death Row Inmate Can Sue Over Defense, Anne Gearan (AP Writer), Los Angeles Times, Oct. 6, 2003." |
Information Location 2: |
"http://www.latimes.com/news/nationworld/politics/scotus/wire/sns-ap-scotus-death-row-suit,1,7982966.story?coll=sns-ap-scotus-headlines" |
Information Source 3: |
"Miranda v. Clark County, 319 F.3d 465 (9th Cir. 02/03/2003" |
Information Location 3: |
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Information Source 4: |
Death Penalty Information Center |
Information Location 4: |
http://www.deathpenaltyinfo.org/Innocentlist.html |
Information Source 5: |
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Information Location 5: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org