Supreme Court Docket

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Florida v. Powell
No. 08-1175

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Title:

Florida v. Powell

Subject:

Criminal Law and Procedure

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?

• Supreme Court of Florida, No. SC07-2295, Opinion Filed: September 29, 2008

Resources:

• Docket Sheet From the U.S. Supreme Court.

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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