Wednesday, July 06, 2005


74.Louisiana...Convicted 1984
Kyles was first tried in November 1984, but the ended with a hung jury and a mistrial. In his second trial, in December 1984, Kyles was convicted and sentenced to death. On April 19, 1995, the U.S. Supreme Court reversed Kyles' conviction citing prosecutorial misconduct in suppressing exculpatory evidence: The state had withheld considerable information about a paid informant who may have been the actual murderer. Kyles's successful appeal was in the form of a federal habeas corpus petition, since he had lost all of his appeals in state court. Kyles's third trial ended in October 1996 when the jury deadlocked. In two additional trials, one in September 1997 and another in February 1998, each ended with a jury deadlock. After the fifth mistrial, prosecutors decided to drop charges and Kyles was released.

73.Oklahoma...Convicted 1988
Miller was convicted of the rape and murder of two elderly women in 1988. In 1995, Miller's original conviction was overturned and he was granted a new trial when DNA evidence pointed to another suspect who was already incarcerated on similar charges. In February 1997, Oklahoma County Special Judge Larry Jones dismissed the charges against Miller, saying that there was not enough evidence to justify his continued imprisonment. One month later, Oklahoma County District Judge Karl Gray reinstated the charges in response to an appeal by the District Attorney's office; however, the prosecution ultimately decided to drop all charges and Miller was released.


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