Monday, June 22, 2009

Supreme Court To Decide Miranda Case

Today, the United States Supreme Court agreed to decide a case in which the question is whether a suspect has to be told that he has a right to have a lawyer present during police questioning. The case involves Kevin Dwayne Powell who was convicted of Unlawful Use of Weapon by a Felon. When Powell was first arrested, he was given his Miranda warnings which only included him being informed that he had a right to not answer questions and to obtain a lawyer's help. He was warned that he had the right to a lawyer before questioning but not told that he had the right to an attorney during questioning. Powell's attorneys argued that the Miranda warnings were not sufficient but the argument failed at the trial court level and he was convicted. The Florida Supreme Court overturned his conviction finding that the Miranda warnings were not sufficient. The United States Supreme Court will make the final decision.

The case is Florida v. Powell, 08-1175.

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