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Reyes
MIRANDA
Classification: Murderer
Characteristics: Robbery
Number of victims: 1
Date of murder: March 13, 1987
Date of birth: December 20, 1959
Victim profile: Steven A. Jackson
Method of murder: Stabbing with knife
Location: Multnomah County, Oregon, USA
Status: Sentenced to death on February 23, 1988. Overturned.
Resentenced to life in prison
Reyes Miranda
Multnomah County - Oregon
Born: 12/20/59
Sentenced to death: 2/23/1988
Miranda and Stephen Leroy Nefstad stabbed Steven A. Jackson to death
in 1987 while robbing him of his pickup and bank card. Jackson of Oregon
City had 37 knife wounds on his legs and chest. Miranda's sentence was
overturned, based on a 1989 U.S. Supreme Court ruling.
Interesting fact: On his way out of the courtroom after being
sentenced to death, Miranda paused to kiss his 4-year-old son.
Status: Life sentence.
Reyes Miranda
The prosecution presented the
following evidence:
The victim met Nefstad and codefendant
Reyes Miranda in a bar in Oregon and was last seen leaving the bar with
the two defendants. Less than an hour later, a bank surveillance camera
photographed Miranda stealing $200 from the victim's account through an
automatic teller machine in Oregon. Blood appeared to be on Miranda's
shirt. Almost no blood was found at the scene where the body was dumped.
Miranda's car, however, was soaked with the victim's blood.
A medical examiner testified that the
victim's blood was out of his body before it was dumped in a gorge in
Vancouver, Washington. The examiner's testimony also established that
the victim was stabbed while sitting in the car and would have lost his
blood there. The victim sustained stab wounds to his heart and lung that
would cause the victim to have died within minutes of receiving those
wounds.
943 F.2d 55
Reyes MIRANDA, Petitioner-Appellant, v.
The STATE of Oregon, Respondent-Appellee.
Petitioner sued in the United States District Court to enjoin his
resentencing by the Circuit Court of the State of Oregon, pursuant to
the decision of the Oregon Supreme Court reported in State v. Miranda,
309 Or. 121, 786 P.2d 155 (1990). The District Court dismissed his
action under the authority of Younger v. Harris, 401 U.S. 37 (1971). We
affirm.
Defendant was convicted in state court of murder and was sentenced
to death following Oregon's two-stage trial and sentencing procedure.
The State Supreme Court found no error in his judgment of conviction,
but found an error requiring resentencing.
Under the impression that a new penalty proceeding before a
different jury violates the United States Constitution, the appellant
seeks to enjoin his resentencing in state court. United States district
courts do not enjoin ongoing state criminal proceedings when there is an
adequate opportunity to raise federal questions in those proceedings.
Younger v. Harris, 401 U.S. 37 at 45 (1971); World Famous Drinking
Emporium v. City of Tempe, 820 F.2d 613 (9th Cir.1987). We express no
opinion whether a federal question is presented.
The appellant has cited no case and we have found none authorizing
the United States District Court to grant injunctive relief when the
state criminal proceedings are in the procedural posture of this case.
The panel unanimously finds this case suitable for
submission on the record and briefs and without oral argument.
Fed.R.App.P. 34(a); Ninth Circuit Rule 34-4
This disposition is not appropriate for publication
and may not be cited to or by the courts of this circuit except as
provided by Ninth Circuit Rule 36-3
