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GANT AND CARS: IS SCALIA OUR FRIEND?

By "Captain Liberty" and "Rumpole"

Before we begin, we take note of these petitions for cert:  Florida v. Powell  08-1175  and Florida v. Rigternik 08- 1229 in which the innocuous little question before the Scalia Court is  "must a suspect be expressly advised of his right to counsel before questioning, and if so, does the failure to provide this express advice vitiate Miranda v. Arizona?"A certain federal blogger "pooh-poohed" (a legal term derived from Latin, meaning "summarily dismissed with a condescending air of 'I know more than you' ") our contention that Justice Scalia was drawing his sights on Miranda.  Scalia's pronouncements on society's overriding interest in successful prosecutions, along with his dicta about Miranda rights "purporting" to come from the Fifth Amendment raised our suspicions...continue to full post

Full post as published by Justice Building Blog on June 01, 2009 (boomark / email).