Actual innocence Prison

You're saying the same things over and over. I don't think anybody here can be of further help to you.

 

Miranda reading is ONLY required (IF and only IF the finger of suspicion points at the suspect).

That said, this isn't 1970.

I suspect every sane, lucid adult (and many teenagers and children) know enough NOT to blab or converse with the inquisitor(s).

That can be pappy, mammy, auntie, uncle, teacher, police officer friendly, FBI agent Sammy, or the person in a position of power.

Having represented many infamous, notorious criminals in the past; serial offenders even know NOT to talk to BOSSMAN.

 

Even the dumbest criminals on the planet KNOW enough NOT to speak with the police.

There are always what I term, "the unbelievably stupid", most of whom know NOT to talk to any LEO.

Life is full of choices, always choose wisely, lest you'll suffer unbearably.

If one CHOOSES to dance to the Orchestra of Crime, one knows he/she can politely decline to speak to any police officer, FBI agent, sheriff's deputy, or any other law enforcement personnel, including the jail turnkey, or jailer deputy.

Watch an episode or two of
Watch The First 48 Full Episodes, Video & More | A&E
and an idiot learns the magic phrase: I WANT A LAWYER.

The police officer, deputy, other law enforcement official responds, "Okay, you want a lawyer. I can't speak with you any longer, good luck."

 

As I explained already, Miranda warnings are required if the suspect is (1) in custody and (2) being subjected to interrogation. If a suspect is being subjected to custodial interrogation and has not been read Miranda warnings, then anything said by the suspect may be inadmissible as evidence. Other than that, Miranda warnings are not required, and beyond that, I'm not going to engage in a debate about a situation in which I know no relevant facts (you didn't even provide facts in response to my prior thread that prompted you to do so).

 

If one wants evidence excluded at trial, one would have to object to the evidence being admitted at that time. A failure to object would mean that its admission cannot be appealed.

 

Please make sure to let your brother's attorney know about all of this.

 

Not sure what "every interrogation tactic in Miranda" means, but as you've described it, whatever your brother said could have been excluded from evidence if a proper objection were made.

That doesn't make any sense, but lies and false promises are not objectionable.

Sounds like your brother may have received ineffective assistance of counsel.

You didn't tell us what he was convicted of or when the conviction occurred, but if an appeal already happened, then a petition for post-conviction relief is the only option.

 

By who?
And why?

Questioning for what?
And why would she say something like that?
Is she the one that called 911?
Why?

Which was the exact moment that your brother should have said "I want a lawyer" and kept repeating it until he got one.

You?

I thought this was about your brother.

No, it's bad. If the lie wasn't addressed at trial it can't be included in the appeal.

That ^^^.

 

I can't address any of those points because you keep ignoring the questions.

Who accused him?
Of what?
Who was the witness?
What crime was he convicted of? Name that crime?

Argue it where?
In court?
If you expect to argue this in court it isn't likely to happen without money for an attorney.
Unless you can get an attorney to work for free which is highly unlikely.

In all the time you've been on this site have you contacted the Innocence Project? If not, then get on the phone and do it.

Otherwise, you are wasting your time and ours and I'm about ready to lock the thread.

 

The magic words are: I WANT A LAWYER. I CHOOSE TO USE MY RIGHT TO REMAIN SILENT.

Finally, say nothing, do nothing.

You should only provide your name, address, date of birth.

You wanna talk to someone about the case, wait until you hire or receive a court appointed attorney.

Finally, don't discuss YOUR case with friends, relatives, cell mates.

 

Your welcome.

 

Convicted of what crime(s)?

You're not an attorney, so you cannot legally do anything other than provide him with emotional and/or financial support.

Whatever happened happened, so asking at this point if it could happen is pointless. The ONLY relevant question is whether what DID happen gives rise to any valid claim for post-conviction relief, and there is no way anyone here can opine intelligently about that.

None of the stuff you've been asking about has anything to do with an "actual innocence" argument.

 

So... in spite of the thread title of "actual innocence", all you're really interested in is legal innocence.

That ship has already sailed, baby, and is long over the horizon.

He's your brother, and you want to think the best of him. Maybe his girlfriend had a good, credible reason for calling 911.