FLORIDA v. POWELL

No. 08-1175.

130 S.Ct. 1195 (2010)

559 U.S. 50

FLORIDA, Petitioner, v. Kevin Dewayne POWELL.

Supreme Court of United States.

Decided February 23, 2010.


Attorney(s) appearing for the Case

Joseph W. Jacquot, Tampa, FL, for petitioner.

David O'Neil, Tampa, FL, for the United States as amicus curiae, by special leave of the Court, supporting the petitioner.

Deborah K. Brueckheimer, Bartow, FL, for respondent.

Bill McCollum, Attorney General of Florida, Joseph W. Jacquot, Deputy Attorney General, Ronald A. Lathan, Deputy Solicitor General, Scott D. Makar, Solicitor General, Robert J. Krauss, Chief-Assistant Attorney General, Counsel of Record, Susan M. Shanahan, Assistant Attorney General, Tampa, FL, for the State of Florida.

Mara V.J. Senn, Anthony J. Franze, R. Stanton Jones, Benjamin H. Wallfisch, Arnold & Porter LLP, Washington, DC, Craig A. Stewart, Arnold & Porter LLP, New York, NY, James Marion Moorman, Public Defender, Tenth Judicial Circuit, Cynthia J. Dodge, Counsel of Record, Assistant Public Defender, Deborah Kucer Brueckheimer, Assistant Public Defender, Bartow, FL, for respondent.


Justice GINSBURG delivered the opinion of the Court.

In a pathmarking decision, Miranda v. Arizona, 384 U.S. 436, 471, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), the Court held that an individual must be "clearly informed," prior to custodial questioning, that he has, among other rights, "the right to consult with a lawyer and to have the lawyer with him during interrogation." The question presented in this case is whether advice...

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