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Florida v. Powell, 08-1175 - FindLaw US Supreme Court Center

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Florida v. Powell
No. 08-1175

Title:

    Florida v. Powell

Subject:

    Criminal Law and Procedure

Question:

    I WHETHER THE DECISION OF THE FLORIDA SUPREME COURT HOLDING THAT A SUSPECT MUST BE EXPRESSLY ADVISED OF HIS RIGHT TO COUNSEL DURING CUSTODIAL INTERROGATION, CONFLICTS WITH MIRANDA v. ARIZONA AND DECISIONS OF FEDERAL AND STATE APPELLATE COURTS.

    II AND IF SO, DOES THE FAILURE TO PROVIDE EXPRESS ADVICE OF THE RIGHT TO THE PRESENCE OF COUNSEL DURING QUESTIONING VITIATE MIRANDA WARNINGS WHICH ADVISE OF BOTH (A) THE RIGHT TO TALK TO A LAWYER "BEFORE QUESTIONING" AND (B) THE "RIGHT TO USE" THE RIGHT TO CONSULT A LAWYER "AT ANY TIME" DURING QUESTIONING?

Decisions:

Resources:

Briefs:

    Coming Soon
Counsel of Record

For Petitioner:

Robert J. Krauss
Chief Assistant Attorney General, Tampa Criminal Appeals
Tampa, FL

For Respondent:

Elena Kagan
Solicitor General
United States Department of Justice
Washington, DC

 


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