adequacy of the Miranda warning (Florida) · Go Syfert
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adequacy of the Miranda warning in Florida

6 Florida opinions name it 2 courts 1988–2008 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Miranda v. Arizonagreen
scotus · 1966 · cited in 3 Florida opinions naming this issue, 2007–2007
2 sentences

2007Before considering the sufficiency of the warnings in M.A.B.'s case, it is helpful to examine decisions in which other courts have been called upon to consider whether a particular warning was the "fully effective equivalent" of the defendant's "right to consult with a lawyer and to have the lawyer with him during interrogation" prescribed by Miranda, 384 U.S. at 471, 476 , 86 S.Ct. 1602 .

2007Before considering the sufficiency of the warnings in M.A.B.’s case, it is helpful to examine decisions in which other courts have been called upon to consider whether a particular warning was the “fully effective equivalent” of the defendant’s “right to consult with a lawyer and to have the lawyer with him during interrogation” prescribed by Miranda, 384 U.S. at 471, 476 , 86 S.Ct. 1602 .

13

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Roberts v. State green
fladistctapp · 2004
2 sentences

2008The trial was also prior to the Fourth District's decision in Roberts v. State, 874 So.2d 1225 (Fla. 4th DCA 2004).

2007Thus, in conducting a de novo review of the adequacy of the Miranda warnings administered to M.A.B. in this case, see Roberts, 874 So.2d at 1227 , my task is to determine whether the warnings given reasonably conveyed to M.A.B. his right to have an attorney present during his interrogation.

22007–2008
Graham v. State green
fladistctapp · 2007
1 sentence

2008Later, however, in Graham v. State, 974 So.2d 440 (Fla. 2d DCA 2007), the Second District distinguished Powell because the police in Graham advised the defendant that he had the right to the presence of an attorney and did not include any timeframe limitation.

12008–2008
Anders v. California green
scotus · 1967
2 sentences

2007NOTES [1] Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967). [2] Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). [3] We note that on August 21, 2007, the Florida Supreme Court granted review on M.A.B., just as the current opinion was about to issue.

2007NOTES [1] Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967). [2] Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). [3] We note that on August 21, 2007, the Florida Supreme Court granted review on M.A.B., just as the current opinion was about to issue.

12007–2007
SPEEDWAY SUPERAMERICA, LLC v. Dupont green
fla · 2007
1 sentence

2007We also note that because a majority of this court did not reach a decision on the adequacy of the Miranda warnings in M.A.B., an argument can be made that the supreme court will not have jurisdiction to answer the question we certified to it in that case. [3] We recognize that at least one other district court faced a similar situation with an en banc tie vote and relied on the flexibility inherent in the appellate rules of procedure to address it at the district court level. [4] Either way, because this court was evenly divided in M.A.B., we did not actually resolve the certified question an

12007–2007
Alvord v. State green
fla · 1975
1 sentence

1988In regard to the adequacy of the Miranda warnings given to Caso prior to his questioning, the district court stated that despite Caso's "thoughtful and well-presented arguments," it was bound by stare decisis to follow Alvord v. State, 322 So.2d 533 (Fla. 1975), cert. denied, 428 U.S. 923 , 96 S.Ct. 3234 , 49 L.Ed.2d 1226 (1976).

11988–1988
Alvord v. Florida green
scotus · 1976
1 sentence

1988In regard to the adequacy of the Miranda warnings given to Caso prior to his questioning, the district court stated that despite Caso's "thoughtful and well-presented arguments," it was bound by stare decisis to follow Alvord v. State, 322 So.2d 533 (Fla. 1975), cert. denied, 428 U.S. 923 , 96 S.Ct. 3234 , 49 L.Ed.2d 1226 (1976).

11988–1988
Geisha House, Inc. v. Cullinane green
scotus · 1976
1 sentence

1988In regard to the adequacy of the Miranda warnings given to Caso prior to his questioning, the district court stated that despite Caso's "thoughtful and well-presented arguments," it was bound by stare decisis to follow Alvord v. State, 322 So.2d 533 (Fla. 1975), cert. denied, 428 U.S. 923 , 96 S.Ct. 3234 , 49 L.Ed.2d 1226 (1976).

11988–1988

Where else courts name it

FL 6 (1988–2008) OH 5 (2001–2019) WA 5 (2015–2024) TX 5 (2013–2013) CT 3 (1979–1999) NY 2 (1989–2009) IL 2 (1968–1989) NM 2 (1970–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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