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Florida v. Powell

Docket No.: 08-1175
Certiorari Granted: Apr 2 2009
Argued: December 7, 2009
Decided: February 23, 2010

PartyNames: Florida v. Kevin Dewayne Powell
Petitioner: Florida
Respondent: Kevin Dewayne Powell

Court Below: Supreme Court of Florida

Florida
v.
Kevin Dewayne Powell
Question Presented:

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?

Question:

1) Does the Supreme Court have jurisdiction over this case even though the Florida Supreme Court used, at least in part, its own Constitution in reaching its decision? 2) Does the failure to provide explicit advice of right to presence of counsel during questioning invalidate Miranda warnings that advise both a) right to talk to a lawyer "before questioning" and b) the right to consult a lawyer "at any time during the questioning?"

Holding: reversed and remanded
Vote: 7-2
Read FLORIDA V. POWELL opinion (PDF)
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