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Miranda Rumblings

For the second time in two weeks, the U.S. Supreme Court has stayed the mandate of the Florida Supreme Court in a criminal case on the application of the state. Last week's order in Florida v. Rigterink is here. Today's order in Florida v. Powell is here. The Powell opinion, followed in Rigterink, deals with the adequacy of Miranda warnings. According to the Rigterink dissent, it creates a conflict with People v. Wash, 6 Cal.4th 215, 861 P.2d 1107 (1993) and other cases.

Update: Lyle Denniston has this post on the cases at SCOTUSblog. However, his statement that Justice Thomas stayed the Powell case individually is incorrect. The order reads, "The application for stay presented to Justice Thomas and by him referred to the Court is granted...."


Interesting . . . .

"And the supposedly ‘bright’ lines that separate interrogation from spontaneous declaration, the exercise of a right from waiver, and the adequate warning from the inadequate, likewise have turned out to be rather dim and ill defined."

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