The U.S. Supreme Court upheld Florida's version of the right-to-remain-silent Miranda warning issued to suspected criminals. In doing so, the high court struck down a Florida Supreme Court that found fault with the Miranda warning.
The key issue basically revolved around one word: "During."
That word wasn't spoken when Tampa police busted Kevin Dwayne Powell in 2004 for illegally possessing a firearm. Here's what he was told before he confessed: "You have the right to talk to a lawyer before answering any of our questions. If you cannot afford to hire a lawyer, one will be appointed for you without cost and before any questioning. You have the right to use any of these rights at any time you want during this interview."
Powell later argued that he didn't know he could get a lawyer during questioning. Therefore his Miranda rights were violated. The Florida Supreme Court agreed. The U.S. Supreme Court, in a 7-2 opinion offered by liberal Justice Ruth Bader Ginsburg disagreed.
The big winner here: Joe Jacquot, Florida's deputy attorney general who argued the case.
More here
Why is it that our illustrious Supreme Court is constantly being reprimanded by the US Supreme Court? We have possibly the most inept state Supreme Court in the nation. WE need to change the way we pick justices because apparently we are scraping the bottom of the barrel.
Posted by: Florida has an AWFUL Supreme Court | February 23, 2010 at 01:55 PM
Miranda warning issued to suspected criminals. In doing so, the high court struck down a Florida Supreme Court that found fault with the Miranda warning.
Posted by: 16gb m2 card | February 24, 2010 at 04:09 AM