Appeals court grants rehearing petition for Miranda clarification

A man convicted for two counts of murder had his petition for rehearing granted Friday, but solely for an appellate panel to clarify its factual recitation of his Miranda waiver.

The Indiana Court of Appeals affirmed Jesus Pedraza Jr.’s convictions for murder in March after finding the St. Joseph Superior Court did not err when it found that his statement to police was voluntary and that he waived his right to counsel, among other things.

In a petition for rehearing, Pedraza challenged “material factual misstatements” regarding his involvement in the drug deal/robbery, as well as those regarding the admissibility of his statement. While the appellate court granted his petition, it did so with the limited purpose of making a point of clarification as to its factual recitation of the circumstances of Pedraza’s Miranda waiver.

“Accordingly, we write to clarify that Investigator (Gery) Mullins referred to Frederickson Street approximately twenty seconds after Pedraza signed the Miranda waiver,” Judge Elizabeth Tavitas wrote, referencing the location of the murder that Pedraza was tied to via cell data. “In all other respects, our memorandum decision is affirmed.”

The case is Jesus Pedraza, Jr. v. State of Indiana,19A-CR-850.

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