Supreme Court of Florida

Reversal of conviction for being a felon in possession of a handgun is affirmed where the failure to provide express advice of the right to the presence of counsel during questioning vitiated Miranda warnings which advise of both a) the right to talk to a lawyer "before questioning"; and b) the "right to use" the right to consult a lawyer "at any time" during questioning.

Appellate Information

• Decided 09/29/2008
• Published 09/29/2008

Judges

• QUINCE, C.J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Bill McCollum, Attorney General, Tallahassee, Florida, and Robert J. Krauss, Senior Assistant Attorney General, Bureau Chief, and Susan M. Shanahan, Assistant Attorney General, Tampa, Florida, for Petitioner.


• For Appellees:
  
• James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Tenth Judicial Circuit, Bartow, Florida, for Respondent.