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SCOTUS could clarify Miranda warning rights

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The nation's highest court is considering an appeal that has the potential to affect every arrest and criminal case in the country, including those in Indiana.

Justices heard arguments today in Florida v. Kevin Dewayne Powell, No. 08-1175, a test case from Florida's highest court that could clarify exactly what kind of attorney warning police must give suspects before starting interrogations.

More than 40 years after the Supreme Court of the United States issued the landmark decision of Miranda v. Arizona 384 U.S. 436 (1966), deciding that defendants must be informed of their right to counsel before and during questioning, courts have continued struggling to determine the exact content of the warnings that police must provide to suspects before beginning custodial interrogations. This case tests the sufficiency of Miranda warnings that don't specifically mention a person's right to an attorney during questioning.

In this case, defendant Kevin Dewayne Powell was prosecuted for being a felon in possession of a firearm. Police interrogated him post-arrest and he made several incriminating statements, including admitting that he owned the firearm in question. Those statements were introduced at trial over defense counsel's objection that they were improperly obtained in violation of Miranda.

Specifically, police gave Powell a form and obtained his signature before starting the questioning: "You have the right to remain silent. If you give up this right to remain silent, anything you say can be used against you in court. 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 was ultimately convicted, but on appeal the state's appellate courts reversed on grounds that the Miranda warnings were constitutionally deficient for not clearly warning Powell of his right to have an attorney present during questioning. The state petitioned for certiorari and the SCOTUS granted it.

In its merit brief, the Florida Attorney General's Office notes a split among the federal Circuits and various state appellate courts about whether warnings "reasonably convey" the required information to criminal defendants. Four Circuits have held that suspects must be expressly informed of the right to have an attorney present during questioning; while four other Circuits - including the 7th Circuit Court of Appeals - have found Miranda warnings sufficient even when those warnings lack explicit statements about the right to counsel during interrogation. That 7th Circuit ruling came in U.S. v. Adams, 484 F.2d 357 (7th Cir. 1973), which held that a suspect had been Mirandized effectively despite the fact that warnings he received didn't inform him of his right to have an attorney present during questioning.

Florida emphasized that these contradictory holdings impose a significant burden on law enforcement officials across the country, and the state is asking the court to clarify exactly what types of warnings Miranda requires.

On the merits, Powell contends that the Florida Supreme Court's decision is fully consistent with Miranda and the subsequent decisions interpreting Miranda. The court has always required Miranda warnings to "clearly inform" suspects of their rights, including their right to have counsel present during any custodial interrogation. Powell argues that numerous federal decisions that have found that warnings communicating only the right to counsel "before questioning" are inadequate and misleading, and that affirming the state decision would not burden law enforcement because most federal, state, and local law enforcement agencies already use Miranda forms that expressly mention the right to counsel during interrogations.

Several organizations have filed amicus briefs in the case, including the U.S. government, the National Association of Criminal Defense Lawyers and the National Association of Federal Defenders.

The defense attorney groups argue that if the justices overturn the Florida decision and allow police to use form warnings like used in this Tampa situation, widespread abuse by law enforcement would follow.

"A 'race to the bottom' would inevitably ensue, as States and municipalities test the limits again and again with their form warnings, in an effort to skirt the edges of the Fifth Amendment while still minimizing the presence of lawyers who they believe may interfere with their information-gathering function," the brief says. "The result would be the same sort of abuses that led this Court to adopt Miranda in the first place."

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  1. Paul Ogden doing a fine job of remembering his peer Gary Welsh with the post below and a call for an Indy gettogether to celebrate Gary .... http://www.ogdenonpolitics.com/2016/05/indiana-loses-citizen-journalist-giant.html Castaways of Indiana, unite!

  2. It's unfortunate that someone has attempted to hijack the comments to promote his own business. This is not an article discussing the means of preserving the record; no matter how it's accomplished, ethics and impartiality are paramount concerns. When a party to litigation contracts directly with a reporting firm, it creates, at the very least, the appearance of a conflict of interest. Court reporters, attorneys and judges are officers of the court and must abide by court rules as well as state and federal laws. Parties to litigation have no such ethical responsibilities. Would we accept insurance companies contracting with judges? This practice effectively shifts costs to the party who can least afford it while reducing costs for the party with the most resources. The success of our justice system depends on equal access for all, not just for those who have the deepest pockets.

  3. As a licensed court reporter in California, I have to say that I'm sure that at some point we will be replaced by speech recognition. However, from what I've seen of it so far, it's a lot farther away than three years. It doesn't sound like Mr. Hubbard has ever sat in a courtroom or a deposition room where testimony is being given. Not all procedures are the same, and often they become quite heated with the ends of question and beginning of answers overlapping. The human mind can discern the words to a certain extent in those cases, but I doubt very much that a computer can yet. There is also the issue of very heavy accents and mumbling. People speak very fast nowadays, and in order to do that, they generally slur everything together, they drop or swallow words like "the" and "and." Voice recognition might be able to produce some form of a transcript, but I'd be very surprised if it produces an accurate or verbatim transcript, as is required in the legal world.

  4. Really enjoyed the profile. Congratulations to Craig on living the dream, and kudos to the pros who got involved to help him realize the vision.

  5. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

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