Supreme Court Rules On Miranda Case

Today, the United States Supreme Court issued a ruling on a Miranda case which we have been following since the middle of last year.  We first reported on the case of Kevin Dwayne Powell in a post on June 13, 2009.  We also informed our readers in a post on December 13, 2009 that the Supreme Court had heard oral arguments on the case.  Powell had been convicted of Unlawful Possession of a Firearm.  Today we can report that the Supreme Court upheld the sufficiency of the Miranda warnings given to Powell.  Powell had been informed by the police officer that he had the right to a lawyer before questioning.  He was not informed that he could have a lawyer present during questioning.  The Florida Supreme Court overturned his conviction and found that the warnings given to Powell did not adequately convey that he had a right to an attorney throughout the questioning.  The United States Supreme Court disagreed and found that the warnings given to Powell reasonably conveyed to Powell that he could have a lawyer present throughout the questioning.  The majority opinion was written by Justice Ginsberg.  Ginsberg stated that Miranda did not dictate the exact words that have to be in the warnings but that warnings given to Powell essentially conveyed the message required by Miranda.

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

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Supreme Court Hears Arguments On Miranda Case

Last Monday, the Supreme Court heard oral arguments on a case that could affect the application of Miranda warnings.  The case is out of Florida and involves the case of Kevin Dwayne Powell. Powell was convicted of Unlawful Possession of a Firearm.  After he was arrested, Powell told the police he had purchased the gun for $150 "off the street" for protection.  Before he made the confession Powell signed a Miranda waiver which did not state that he had a right to have a lawyer present with him during questioning.  The Miranda waiver only stated that he had a right to a lawyer before answering any questions.  The Florida Supreme Court overturned the conviction on the basis that the police did not adequately warn Powell that he had a right to a lawyer during questioning.  The Florida Attorney General's Office argued that the warnings given to Powell "expresses all the rights required under Miranda." Powell's lawyer argued that the warnings given to Powell gave him the impression that once the questioning started he no longer had a right to consult with an attorney.

This is the third Miranda case case argued before the Supreme Court this year.  With these cases, the Supreme Court has a chance to make significant changes to our understanding of the Miranda warnings.  All three decisions are expected to be released next year.

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

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.