“You have the right to remain silent. Anything you say can and will
be used against you in a court of law. You have the right to speak to an
attorney, and to have an attorney present during any questioning. If you
cannot afford an attorney, one will be provided for you at government expense.”
In March 1963 Ernest Arturo Miranda was arrested for robbery and for kidnapping
and rape. After being interrogated by the Phoenix Police for 2 hours Miranda
wrote his confession. He had not been told of his right to remain silent
or advised he could have an attorney present. With his confession in
hand, Miranda was tried and found guilty in both trials. He was then sent
to the State prison in Florence.
The case was appealed to the Arizona Supreme Court, arguing that Miranda
had not been told of his right to remain silent or his right to an attorney.
The case was then taken to the U.S. Supreme Court where the decision was
overturned. On June 13, 1966 a divided Supreme Court ruled that suspects
must be informed of their right to remain silent, the right to counsel before
being questioned by police, and that statements made while in police custody
will not be admissible as evidence. The Miranda Warning used to advice an
arrested individual of their rights is now basic to our criminal justice
system.
In 1967 Miranda was retried for the kidnapping and rape charge and in 1971
for the robbery charge. He was again found guilty of all crimes. Miranda was
granted parole in 1972 and was back in prison 1974-1975. While out he made
extra money by autographing and hawking the Miranda warning cards law officers
used. On the evening of January 31, 1976, Ernest Miranda was stabbed to death
while in a fight over a $3 gambling pot.
The court papers cover 1963-1971.
Numbered the file folders and removed photo-negatives, transferring to photo-archives.
| Box:Folder |
Description |
Dates |
| 1:1 |
Case No. 41947 Newspaper articles |
6/1966-2/1967 |
| 1:1 |
Criminal subpoenas |
12/19/1969-12/22/1969 |
| 1:1 |
Motion to Produce |
12/23/1964 |
| 1:1 |
Application for Change of Venue |
12/23/1969 |
| 1:1 |
Affidavit in Support of Application for Removal of Action |
12/23/1969 |
| 1:1 |
Order transporting prisoner for retrial |
12/23/1969 |
| 1:1 |
Order to release Supreme Court transcripts and exhibits to Clerk of
Superior Court |
12/30/1969 |
| 1:2 |
Case No. 41947 Pleadings |
05/19/1971 08/26/1971 |
| 1:2 |
Criminal Subpoena |
n.d. |
| 1:2 |
Supplemental Memorandum in Opposition to Motion to Quash or Remand |
12/31/1969 |
| 1:2 |
Response to Application for Change of Venue |
12/29/1969 |
| 1:2 |
Response to Motion to Quash or Remand |
12/29/1969 |
| 1:2 |
Response to Motion in Limine |
12/31/1969 |
| 1:2 |
Response to Defendant’s Motion to Produce |
12/29/1969 |
| 1:2 |
Motion to Amend Inaccurate Order |
01/12/1970 |
| 1:2 |
Order re production of police reports |
01/09/1970 |
| 1:2 |
Amended Order re Police Reports |
01/16/1970 |
| 1:2 |
Motion to Dismiss with attached exhibits |
02/25/1970 |
| 1:2 |
Response to Motion to Dismiss |
02/27/1970 |
| 1:2 |
Peremptory Writ of Prohibition |
04/03/1970 |
| 1:2 |
Motion for Continuance with Order |
05/18/1970 |
| 1:2 |
Stipulation as to Trial Setting and Order |
06/08/1970 |
| 1:2 |
Stipulation for Continuance and Order |
06/02/1970 |
| 1:2 |
Stipulation for Continuance and Order |
07/20/1970 |
| 1:2 |
Stipulation for Continuance and Order |
12/07/1970 |
| 1:2 |
Motion for Continuance |
09/17/1971 |
| 1:2 |
Motion for Jury Sequestration |
09/22/1971 |
| 1:2 |
Praecipe and Criminal Subpoena |
09/22/1971 |
| 1:2 |
Defendant’s Requested Instructions |
n.d. |
| 1:2 |
Verdict for Defendant Jose Gomez |
n.d. |
| 1:2 |
Judgment of Guilt and Sentence for robbery |
09/27/1971 |
| 1:2 |
Statement of facts on Conviction |
10/18/1971 |
| 1:2 |
Stipulation for Continuance and Order |
09/24/1970 |
| 1:3 |
Case No. 41947 Pleadings |
n.d. |
| 1:3 |
Petition for Attorney’s Fees |
11/09/1971 |
| 1:3 |
Table of Contents |
n.d. |
| 1:3 |
Postcard to Judge Marquardt |
11/29/1971 |
| 1:3 |
Motion for Notice of Appeal |
11/24/1971 |
| 1:3 |
Affidavit on Forma Pauperis |
11/23/1971 |
| 1:3 |
Affidavits of Attorneys for Miranda |
12/19/1971 |
| 1:3 |
Minutes Entry |
04/23/1963 |
| 1:3 |
Criminal Docket |
05/15/1963 |
| 1:3 |
Minutes Entry |
05/17/1963 |
| 1:3 |
Minutes Entry |
05/20/1963 |
| 1:3 |
Minutes Entry |
06/18/1963 |
| 1:3 |
Court Proceedings |
06/19/1963 |
| 1:3 |
Court Proceedings re verdict |
06/19/1963 |
| 1:3 |
Minute Entry re Judgment |
07/05/1963 |
| 1:3 |
Minute Entry |
08/09/1963 |
| 1:3 |
Minute Entry |
09/03/1963 |
| 1:3 |
Minute Entry |
09/03/1963 |
| 1:3 |
Minute Entry |
11/17/1969 |
| 1:3 |
Minute Entry |
12/17/1969 |
| 1:3 |
Minute Entry |
12/19/1969 |
| 1:3 |
Minute Entry |
12/23/1969 |
| 1:3 |
Minute Entry |
12/24/1969 |
| 1:3 |
Minute Entry |
12/31/1969 |
| 1:3 |
Minute Entry |
12/31/1969 |
| 1:3 |
Minute Entry |
01/09/1970 |
| 1:3 |
Minute Entry |
01/19/1970 |
| 1:3 |
Minute Entry |
02/26/1970 |
| 1:3 |
Minute Entry |
04/28/1970 |
| 1:3 |
Minute Entry |
05/22/1970 |
| 1:3 |
Minute Entry |
06/08/1970 |
| 1:3 |
Minute Entry |
07/20/1970 |
| 1:3 |
Minute Entry |
09/25/1970 |
| 1:3 |
Minute Entry |
12/07/1970 |
| 1:3 |
Minute Entry |
03/22/1971 |
| 1:3 |
Minute Entry |
05/05/1971 |
| 1:3 |
Minute Entry |
05/26/1971 |
| 1:3 |
Minute Entry |
09/16/1971 |
| 1:3 |
Minute Entry |
09/21/1971 |
| 1:3 |
Trial Proceedings |
09/22/1971 |
| 1:3 |
Trial Proceedings |
09/23/1971 |
| 1:3 |
Trial Proceedings |
09/27/1971 |
| 1:3 |
Trial Proceedings |
09/30/1971 |
| 1:3 |
Minute Entry |
11/29/1971 |
| 1:3 |
Minute Entry |
11/29/1971 |
| 1:3 |
Minute Entry |
12/08/1971 |
| 1:3 |
Minute Entry |
12/09/1971 |
| 1:3 |
Letter to Dr. Kilgore from Harvey Stevens |
05/20/1968 |
| 1:3 |
Letter to Robert Miller from Alvin Moore |
08/24/1963 |
| 1:3 |
Letter to Velma Shanks from Alvin Moore |
08/24/1963 |
| 1:3 |
Jury List |
09/21/1971 |
| 1:3 |
Order for Temporary Removal & Receipt |
09/17/1971 |
| 1:3 |
Order for Temporary Removal & Receipt |
12/23/1970 |
| 1:3 |
Order for Temporary Removal & Receipt |
01/23/1970 |
| 1:3 |
Letter to Alvin Moore from Beulah Lowe |
08/26/1963 |
| 1:3 |
Verdict |
n.d. |
| 1:3 |
Jury List |
06/19/1963 |
| 1:3 |
Motion for Notice of Appeal |
n.d. |
| 1:3 |
Affidavit in Forma Pauperis |
11/23/1971 |
| 1:3 |
Envelope |
11/23/1971 |
| 1:3 |
Court Envelope |
n.d. |
| 1:4 |
Case No. 41947 Pleadings |
n.d. |
| 1:4 |
Opinion re Conviction |
05/02/1973 |
| 1:4 |
Order Affirming Conviction |
05/02/1973 |
| 1:4 |
Minute Entry Corrected Copy |
02/23/1972 |
| 1:4 |
Minute Entry |
02/23/1972 |
| 1:4 |
Minute Entry |
01/18/1972 |
| 1:4 |
Certification from Court Clerk |
01/19/1972 |
| 1:4 |
Order |
01/18/1972 |
| 1:4 |
Minute Entry |
01/10/1972 |
| 1:4 |
Court Work Sheet |
06/19/1963 |
| 1:4 |
Court Work Sheet |
12/31/1969 |
| 1:4 |
Court Work Sheet |
09/20/1971 |
| 1:4 |
Criminal Complaint |
03/27/1963 |
| 1:4 |
Warrant of Arrest, robbery |
03/15/1963 |
| 1:4 |
Witnesses list |
n.d. |
| 1:4 |
Statement of Glenn Martin |
03/15/1963 |
| 1:4 |
Trial Proceedings |
03/27/1963 |
| 1:4 |
Information for robbery |
04/15/1963 |
| 1:4 |
Notice of Intention to Prove Insanity or Mental Defectiveness |
05/11/1963 |
| 1:4 |
Motion for an Order for the Examination of the Defendants Mental Condition |
05/13/1963 |
| 1:4 |
Motion for Leave to File Amended Information and Notice |
03/15/1963 |
| 1:4 |
Motion to Consolidate and Notice |
05/15/1963 |
| 1:4 |
Amended Information for Robbery |
05/19/1963 |
| 1:4 |
Letter to Dr. Rubinow from Harvey Stevens |
05/20/1963 |
| 1:4 |
Criminal Subpoena, robbery |
05/01/1963 |
| 1:4 |
Criminal Subpoena, robbery |
05/01/1963 |
| 1:4 |
Letter to Judge McCarthy from Dr. Leo Rubinow (1 page) |
06/04/1963 |
| 1:4 |
Motion to Dismiss and Discharge Defendant and Notice thereof |
06/17/1963 |
| 1:4 |
Diagnosis of Dr. Leo Rubinow |
n.d. |
| 1:4 |
Jury Instruction no. 1 |
n.d. |
| 1:4 |
Motion for Separate Trial of Causes |
06/19/1963 |
| 1:4 |
Verdict |
06/19/1963 |
| 1:4 |
Judgment of Guilt and Sentence |
06/27/1963 |
| 1:4 |
Statement of Facts on Conviction |
07/05/1963 |
| 1:4 |
Affidavit of Inability to Give Bond on Appeal and to Pay for Transcript
of Record |
07/16/1963 |
| 1:4 |
Notice of Appeal |
08/02/1963 |
| 1:4 |
Letter to Robert Miller from Alvin Moore |
08/24/1963 |
| 1:4 |
Certified Copy of Order Affirming Judgment |
04/22/1965 |
| 1:4 |
Order Securing Attendance of Defendant |
08/05/1966 |
| 1:4 |
Criminal Subpoenas, kidnapping and rape (6) |
11/21/1966 |
| 1:4 |
Judgment of Guilt and Sentence |
03/01/1967 |
| 1:4 |
Criminal Subpoena, robbery (3) |
12/15/1969 |
| 1:4 |
Reporter’s Transcript |
03/27/1963 |
| 1:4 |
Affidavit of Bias and Prejudice |
12/18/1969 |
| 1:4 |
Certificate of Good Faith |
12/18/1969 |
| 1:4 |
Motion to Quash or Remand |
12/23/1969 |
| 1:4 |
Motion in Limine to Exclude and Suppress Prejudicial Testimony |
12/23/1969 |
| 1:5 |
Case 41948 Pleadings |
n.d. |
| 1:5 |
News clip |
n.d. |
| 1:5 |
Exhibit 3 label |
n.d. |
| 1:5 |
Court Proceedings |
03/27/1963 |
| 1:5 |
Minute Entry |
09/16/1971 |
| 1:5 |
Court Proceedings |
03/27/1963 |
| 1:5 |
Supplementary Report |
03/03/1963 |
| 1:5 |
Minute Entry |
03/01/1967 03/29/1967 |
| 1:5 |
News clip marked as trial exhibit 2 |
n.d. |
| 1:5 |
Supplementary Report |
03/07/1963 |
| 1:5 |
Supplementary Report |
03/14/1963 |
| 1:5 |
Rape Report |
03/16/1963 |
| 1:5 |
Miscellaneous Complaint or Crime Report |
03/03/1963 |
| 1:5 |
Subpoena marked as trial exhibit 2 |
03/20/1963 |
| 1:5 |
Document marked as trial exhibit 1 |
n.d. |
| 1:5 |
Order for Temporary Removal and Receipt |
08/17/1971 |
| 1:5 |
Order for Temporary Removal and Receipt |
11/10/1970 |
| 1:5 |
Order for Examination and Copy of Records |
11/10/1970 |
| 1:5 |
Minute Entry |
11/10/1970 |
| 1:5 |
Notice of Substitution of Counsel |
n.d. |
| 1:5 |
Stipulation for Continuance and Order |
08/12/1970 |
| 1:5 |
Minute Entry |
08/13/1970 |
| 1:5 |
Order for Examination and Study of Records |
03/31/1970 |
| 1:5 |
Order Affirming Judgment |
03/18/1969 |
| 1:5 |
Minute Entry |
03/31/1970 |
| 1:5 |
Court Clerk Certification |
07/17/1967 |
| 1:5 |
Exhibits List |
07/17/1967 |
| 1:5 |
Minute Entry |
07/02/1967 |
| 1:5 |
Order |
03/30/1967 |
| 1:5 |
Designation of Contents of Record on Appeal |
03/22/1967 |
| 1:5 |
Notice of Appeal |
03/22/1967 |
| 1:5 |
Affidavit of Inability to Give Bond on Appeal and to Pay for Transcript
of Record |
03/01/1967 |
| 1:5 |
Motion for Order Directing that the Record and Transcript be Furnished
at the Expense of the County |
03/22/1967 |
| 1:5 |
Letter to Wilson Palmer from Laurence Wren |
03/15/1967 |
| 1:5 |
Motion for New Trial |
02/28/1967 |
| 1:5 |
Jury Instruction no. 1 |
02/24/1967 |
| 1:5 |
Jury Instruction no. 2 |
n.d. |
| 1:5 |
Guilty Verdict for Kidnapping |
07/14/1999 |
| 1:5 |
Guilty Verdict for Rape |
07/14/1999 |
| 1:5 |
Not Guilty Verdict form |
n.d. |
| 1:5 |
Not Guilty Verdict form |
n.d. |
| 1:5 |
State’s Jury Instruction no. 4 |
n.d. |
| 1:5 |
State’s Jury Instruction no. 1 |
n.d. |
| 1:5 |
Defendant’s Jury Instruction no. 1 |
n.d. |
| 1:5 |
Defendant’s Jury Instruction no. 2 |
n.d. |
| 1:5 |
Defendant’s Jury Instruction no. 3 |
n.d. |
| 1:5 |
Defendant’s Jury Instruction no. 4 |
n.d. |
| 1:5 |
Praecipe |
02/21/1967 |
| 1:5 |
Criminal Subpoena Duces Tecum |
02/17/1967 |
| 1:5 |
Affidavit of Service of Process of Criminal Subpoena Duces Tecum |
02/17/1967 |
| 1:5 |
Praecipe |
02/20/1967 |
| 1:5 |
Criminal Subpoena |
01/30/1967 |
| 1:5 |
Praecipe |
02/17/1967 |
| 1:5 |
Motion in Limine to Exclude and Suppress Prejudicial Testimony |
02/15/1967 |
| 1:5 |
Notice of Withdrawal of Plea |
02/15/1967 |
| 1:5 |
Minute Entry |
04/19/1967 |
| 1:5 |
Sentencing Proceedings (page 1 only) |
03/01/1967 |
| 1:5 |
Trial Proceedings |
02/24/1967 |
| 1:5 |
Trial and In Chambers Proceedings |
02/23/1967 |
| 1:5 |
Trial Proceedings |
02/22/1967 |
| 1:5 |
Trial Proceedings |
02/21/1967 |
| 1:5 |
Trial Proceedings |
02/20/1967 |
| 1:5 |
Trial Proceedings |
02/17/1967 |
| 1:5 |
Trial Proceedings |
02/16/1967 |
| 1:5 |
Trial Proceedings |
02/15/1967 |
| 1:5 |
Jury List (2 pages) |
02/15/1967 |
| 1:5 |
Court Work Sheet list of exhibits |
02/15/1967 |
| 1:6 |
Case No. 41948 pleadings |
n.d. |
| 1:6 |
Criminal Subpoena |
02/02/1967 |
| 1:6 |
Criminal Subpoena (4) |
01/30/1967 |
| 1:6 |
Praecipe |
02/15/1967 |
| 1:6 |
List of Witnesses |
01/27/1967 |
| 1:6 |
Criminal Docket |
01/10/1967 |
| 1:6 |
Criminal Docket |
02/10/1967 |
| 1:6 |
Criminal Docket |
01/06/1967 |
| 1:6 |
Criminal Docket |
01/10/1967 |
| 1:6 |
Memorandum in Opposition to Motion to Quash or Remand |
01/05/1967 |
| 1:6 |
Motion to Quash or Remand |
12/20/1966 |
| 1:6 |
Criminal Subpoena |
12/01/1966 |
| 1:6 |
Stipulation for Continuance and Order |
10/07/1966 |
| 1:6 |
Order conviction reversed |
08/02/1966 |
| 1:6 |
Criminal Docket |
10/07/1966 |
| 1:6 |
Certified Copy of Order Affirming Judgment |
05/10/1965 |
| 1:6 |
Certification by Court Clerk |
n.d. |
| 1:6 |
Criminal Docket |
09/03/1963 |
| 1:6 |
Criminal Docket |
08/09/1963 |
| 1:6 |
Criminal Docket |
08/11/1966 |
| 1:6 |
Criminal Docket |
10/07/1966 |
| 1:6 |
Criminal Docket |
09/03/1963 |
| 1:6 |
Criminal Docket |
08/11/1966 |
| 1:6 |
Criminal Docket |
12/17/1966 |
| 1:6 |
Criminal Docket |
01/03/1967 |
| 1:6 |
Criminal Docket |
12/03/1964 |
| 1:6 |
Criminal Docket |
10/07/1966 |
| 1:6 |
Affidavit of Inability to Give Bond on Appeal and to Pay for Transcript
of Record |
07/16/1963 |
| 1:6 |
Notice of Appeal |
08/02/1963 |
| 1:6 |
Statement of Facts on Conviction |
07/05/1963 |
| 1:6 |
Judgment of Guilt and Sentence |
06/27/1963 |
| 1:6 |
Criminal Docket |
06/27/1963 |
| 1:6 |
Criminal Docket |
07/05/1963 |
| 1:6 |
Trial Transcript |
06/20/1963 |
| 1:6 |
Jury List |
06/20/1963 |
| 1:6 |
Criminal Docket |
05/15/1963 |
| 1:6 |
Verdict |
06/20/1963 |
| 1:6 |
Subpoena Duces Tecum |
05/06/1963 |
| 1:6 |
Criminal Subpoena |
05/07/1963 |
| 1:6 |
Criminal Subpoena |
05/06/1963 |
| 1:6 |
Jury Instruction No. 1 |
n.d. |
| 1:6 |
Court Work Sheet |
n.d. |
| 1:6 |
Criminal Docket |
04/23/1963 |
| 1:6 |
Criminal Docket |
05/02/1963 |
| 1:6 |
Motion for an Order for the Examination of the Defendants Mental Condition |
n.d. |
| 1:6 |
Minute Entry |
05/17/1963 |
| 1:6 |
Minute Entry |
05/20/1963 |
| 1:6 |
Motion to Dismiss and Discharge Defendant and Notice Thereof |
06/17/1963 |
| 1:6 |
Notice of Intention to Prove Insanity or Mental Defectiveness |
05/11/1963 |
| 1:6 |
Praecipe |
05/22/1963 |
| 1:6 |
Motion to Quash Information |
04/27/1963 |
| 1:6 |
Information for Kidnapping and Rape felonies |
04/16/1963 |
| 1:6 |
Complaint |
03/27/1963 |
| 1:6 |
Statement of Glenn Martin |
03/14/1963 |
| 1:6 |
Minute Entry |
06/18/1963 |
| 1:6 |
Witness List |
n.d. |
| 1:6 |
Warrant of Arrest |
03/14/1963 |
| 1:6 |
Criminal Complaint |
03/14/1963 |
| 1:6 |
Psychiatric Report |
03/14/1963 |
| 1:6 |
Criminal Subpoena |
01/30/1967 |
| 1:7 |
Damaged Originals that were Photocopied |
n.d. |
| 1:7 |
Minute Entry |
06/27/1963 07/05/1963 |
| 1:7 |
Supplementary Report |
03/14/1963 |
| 1:7 |
Psychiatric Report by Leo Rubinow MD |
n.d. |
| 1:7 |
Psychiatric Report to Judge McCarthy by Leo Rubinow MD |
06/04/1963 |
| 1:7 |
Criminal Subpoena (2) |
01/30/1967 |
| 1:7 |
Minute Entry |
05/17/1963 |
| 1:7 |
Minute Entry |
05/20/1963 |
| 1:7 |
Motion to Dismiss and Discharge Defendants and Notice Thereof |
06/17/1963 |
| 1:7 |
Minute Entry |
06/20/1963 |
| 1:7 |
Minute Entry |
08/09/1963 |
| 1:7 |
Minute Entry |
12/03/1964 |
| 1:7 |
Minute Entry |
12/27/1966 01/03/1967 |
| 1:7 |
Minute Entry |
10/07/1966 |
| 1:7 |
Minute Entry |
07/05/1963 |
| 1:7 |
Minute Entry |
06/27/1963 |
| 1:7 |
Minute Entry |
08/11/1966 10/07/1966 |
| 1:7 |
Minute Entry |
09/03/1963 |
| 1:7 |
Minute Entry |
09/03/1963 08/11/1966 |
| 1:7 |
Court Clerk Certification |
00/00/1963 |
| 1:7 |
Minute Entry |
01/10/1967 02/10/1967 |
| 1:7 |
Minute Entry |
01/06/1967 01/10/1967 |
| 1:7 |
Court Proceedings on robbery charge |
03/27/1963 |
| 1:7 |
Court Proceedings on kidnapping and rape charges |
03/27/1963 |
| 1:7 |
Minute Entry |
09/16/1971 |
| 1:7 |
Supplementary Report (page 1 and 3) |
03/03/1963 |
| 1:7 |
Minute Entry |
03/01/1967 |
| 1:8 |
Psychiatric Report on Ernest Miranda by James M. Kilgore, Jr. MD |
05/28/1963 |
| 1:9 |
Photograph copies for making photocopies (9) |
n.d. |
| 1:10 |
Sheets attached to original file folders CR41947 and CR41948 |
n.d. |
| 2:11 |
Exhibit 4 CR41947 KOY Radio News Broadcast (audio reel) |
1966 |
| 2:12 |
Exhibits 1-9 CR41948 Original Photographs |
n.d. |
| 2:13 |
Exhibit 11 CR41948 Supplementary Report on Police Line-Up |
03/14/1963 |
| 2:14 |
Exhibit 12 CR41948 Photo negatives (8) |
n.d. |
| 2:15 |
Exhibit 1 CR41948 Police Line-Up Photo |
n.d. |
| 2:16 |
Exhibit 15 CR41948 Police Report for attempted armed robbery |
03/25/1963 |
| 2:17 |
Exhibit 16 CR41948 Police Report for purse snatching |
12/28/1962 |
| 2:18 |
Exhibit 17 CR41948 Search Authorization Paper |
03/15/1963 |
| 2:19 |
Exhibit 18 CR41948 Court Reporter’s Transcript |
03/27/1963 |
| 2:20 |
Exhibit 19 CR41948 Hand-drawn Map of Square Block Area |
n.d. |
| 2:21 |
Exhibit 14 CR41948 Complaint Form for robbery, Court Proceedings |
03/15/1993 – 03/27/1963 |
| 2:22 |
Exhibit 20 CR41948 Subpoena for WitnessesComplaint Form for kidnapping
and robbery |
03/20/1963 |
| 2:23 |
Witness/Suspect Statement (3 copies) |
03/13/1963 |
