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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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12/06/2007
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT State Of Florida state1 BY: PT Deborah F. Hogge 986429
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12/12/2007
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No Fee - State
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01/16/2008
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ORDER-OA&BRIEF SCHED/JURIS ACCEPTED
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The Court accepts jurisdiction of this case and will hear oral argument at 9:00 a.m., Wednesday, March 5, 2008.
A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
Petitioner's brief on the merits shall be filed on or before 3:00 p.m. January 28, 2008; respondent's brief on the merits shall be filed on or before 3:00 p.m. February 7, 2008; and petitioner's reply brief on the merits shall be filed on or before 3:00 p.m. February 12, 2008. Please file an original and seven copies of all briefs. UNLESS BRIEFS ARE TIMELY FILED, THE PRIVILEGE OF ORAL ARGUMENT WILL BE FORFEITED.
The Clerk of the Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before January 28, 2008. The record shall include the briefs filed in the district court separately indexed.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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01/16/2008
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ORAL ARGUMENT CALENDAR
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01/22/2008
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NOTICE-APPEARANCE
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PT State Of Florida state1 BY: PT Susan M. Shanahan 976059
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BY SUSAN M. SHANAHAN ON BEHALF OF PETITIONER FOR ORAL ARGUMENT (O&7)
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01/24/2008
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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VOLUMES 1 - 3 AND 1 VOLUME OF OF BRIEFS (& E-MAIL)
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01/28/2008
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INITIAL BRIEF-MERITS
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PT State Of Florida state1 BY: PT Susan M. Shanahan 976059
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W/APPENDIX (O&7 & E-MAIL)
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02/08/2008
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ANSWER BRIEF-MERITS
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RS Kevin Dewayne Powell BY: RS Cynthia J. Dodge 345172
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O&7 & E-MAIL (BRIEF FILED 1 DAY LATE)
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02/12/2008
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REPLY BRIEF-MERITS
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PT State Of Florida state1 BY: PT Susan M. Shanahan 976059
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0&8 & E-MAIL
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02/13/2008
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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RS Kevin Dewayne Powell BY: RS Cynthia J. Dodge 345172
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(FOR ANSWER BRIEF-MERITS)
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02/14/2008
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ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
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Respondent's Motion to Accept Answer Brief on Merits as Timely Filed is granted and respondent's answer brief on the merits was filed with this Court on February 8, 2008.
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02/25/2008
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NOTICE-COUNS SUBSTITUTION
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PT State Of Florida state1 BY: PT Susan M. Shanahan 976059
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SUSAN M. SHANAHAN SUBSTITUTED FOR DEBORAH HOGGE AS COUNSEL FOR PETITIONER
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03/05/2008
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ORAL ARGUMENT HELD
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08/11/2008
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT State Of Florida state1 BY: PT Susan M. Shanahan 976059
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ORIGINAL ONLY (REQ'D 7 COPIES) 08/13/2008: 7 COPIES FILED
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09/29/2008
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DISP-APPROVED
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Because Powell was not clearly informed of his right to the presence of counsel during the custodial interrogation, we agree with the Second District and answer the certified question in the affirmative. Thus, we also agree with the Second District that to advise a suspect that he has the right "to talk to a lawyer before answering any of our questions" constitutes a narrower and less functional warning than that required by Miranda. Both Miranda and article I, section 9 of the Florida Constitution require that a suspect be clearly informed of the right to have a lawyer present during questioning. Based on this conclusion, we approve the Second District's decision in Powell to the extent the decision is consistent with this opinion.
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10/14/2008
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MOTION-REHEARING
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PT State Of Florida state1 BY: PT Susan M. Shanahan 976059
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O&7 (RC)
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12/23/2008
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DISP-REHEARING DY IN LIGHT OF REVISED OPINION
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(RC) In light of the revised opinion, the Petitioner's Motion for Rehearing is hereby denied.
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02/05/2009
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MOTION-STAY
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PT State Of Florida state1 BY: PT Susan M. Shanahan 976059
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FILED AS "PETITIONER'S MOTION TO STAY MANDATE"
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02/09/2009
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ORDER-STAY PROCEEDINGS USSC GR
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Petitioner's motion for stay mandate is hereby granted in part and proceedings in this Court, in the Second District Court of Appeal and in the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida are hereby stayed only to and including March 11, 2009, to allow petitioner to seek review in the Supreme Court of the United States and obtain any further stay from that court.
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02/16/2009
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RESPONSE
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RS Kevin Dewayne Powell BY: RS Cynthia J. Dodge 345172
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IN OBJECTION TO PETITIONER'S MOTION TO STAY MANDATE
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03/17/2009
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MOTION-STAY
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PT State Of Florida state1 BY: PT Susan M. Shanahan 976059
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FILED AS "PETITIONER'S MOTION TO STAY ISSUANCE OF MANDATE" (O&7)
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03/19/2009
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RESPONSE
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RS Kevin Dewayne Powell BY: RS Cynthia J. Dodge 345172
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IN OBJECTION TO PETITIONER'S MOTION TO STAY MANDATE (O&7)
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03/19/2009
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USSC CERTIORARI
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08-1175
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& PLACED ON DOCKET 03/23/2009
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04/02/2009
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USSC STAY OF FSC MANDATE
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08-1175
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04/02/2009
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USSC STAY OF FSC MANDATE
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08-1175
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04/03/2009
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ORDER-STAY PROCEEDINGS USSC DY
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Petitioner's Motion to Stay Issurance of Mandate filed in the above cause is denied.
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06/03/2009
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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3 VOLUMES, 1 VOLUME BRIEFS
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06/08/2009
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ORDER-VACATE
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The mandate of this Court dated June 3, 2009, is hereby vacated.
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06/22/2009
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USSC CERTIORARI GRANTED
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08-1175
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07/09/2009
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ARCHIVES
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File
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07/15/2009
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ORDER-VACATE
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The mandate of this Court dated July 8, 2009 is hereby vacated.
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10/13/2009
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USSC REQUEST FOR FSC ROA
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08-1175
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10/27/2009
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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3 VOLUMES & 1 SUPPLEMENTAL VOLUME
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10/28/2009
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ROA SENT TO USSC FROM FSC
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08-1175
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CIRC CT (2 VOLS, 1 SUPP VOL), DCA (1 VOL BRIEFS), FSC (1 VOLUME-COPIES)
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03/03/2010
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USSC OPINION RELEASED
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08-1175
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REVERSED & REMANDED
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03/18/2010
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MOTION-OTHER SUBSTANTIVE
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RS Kevin Dewayne Powell BY: RS Cynthia J. Dodge 345172
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FILED AS "MOTION FOR BRIEFING SCHEDULE ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES" (O&7)
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03/29/2010
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USSC MANDATE
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08-1175
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03/29/2010
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RESPONSE
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PT State Of Florida state1 BY: PT Susan M. Shanahan 976059
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TO MOTION FOR BRIEFING SCHEDULE ON REMAND FROM USSC (O&7 & E-MAIL)
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04/06/2010
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ROA RETURNED TO FSC FROM USSC
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08-1175
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RECEIVED 04/07/2010 CIRC CT (2 VOLS, 1 SUPP VOL), DCA (1 VOL BRIEFS), FSC (1 VOLUME-COPIES)
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05/18/2010
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ORDER-BRIEF SCHED (USSC REMAND)
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Respondent's Motion for Briefing Schedule on Remand from the Supreme Court of the United States is hereby granted and and the following briefing schedule is issued on the question of whether the warnings given in this case violated article I, section 9 of the Florida Constitution.
Petitioner is allowed to and including June 7, 2010, in which to serve the initial brief on remand; respondent shall have twenty days after service of petitioner's initial brief on remand in which to serve the answer brief on remand; and petitioner shall have ten days after service of respondent's answer brief on remand in which to serve the reply brief on remand.
Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all briefs in an electronic format as required by the provisions of that order.
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06/10/2010
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SUPP INITIAL BRIEF-MERITS-USSC REMAND
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PT State Of Florida state1 BY: PT Susan M. Shanahan 976059
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O&7 & E-MAIL
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06/30/2010
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SUPP ANSWER BRIEF-MERITS-USSC REMAND
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RS Kevin Dewayne Powell BY: RS Cynthia J. Dodge 345172
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O&7 & E-MAIL
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07/12/2010
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SUPP REPLY BRIEF-MERITS-USSC REMAND
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PT State Of Florida state1 BY: PT Susan M. Shanahan 976059
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O&7 & E-MAIL
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07/12/2010
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REQUEST-ORAL ARGUMENT
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PT State Of Florida state1 BY: PT Susan M. Shanahan 976059
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08/06/2010
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ORDER-NO REQ SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction and the above case on Remand from the Supreme Court of the United States has been submitted to the Court without oral argument.
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06/16/2011
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DISP-QUASHED & REMANDED
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In light of the decision of the United States Supreme Court reversing our original decision, we hold that the Miranda warnings at issue in this case sufficiently advised the respondent of his rights as required by the Fifth Amendment to the United States Constitution and article I, section 9 of the Florida Constitution. Therefore, we now answer the certified question in the negative, quash the decision of the Second District, and remand this case to the district court for further proceedings not inconsistent with this opinion.
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06/23/2011
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WEST CORRESPONDENCE
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ISSUED CORRECTED OPINION - On page 14, Bill McCollum, Attorney General, has been corrected to read:
Pamela Jo Bondi, Attorney General.
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07/08/2011
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MANDATE
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CC: COUNSEL
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07/11/2011
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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3 VOLUMES RECORD AND 1 VOLUME BRIEFS
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07/14/2011
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RECORD/TRANSCRIPT
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1 VOLUME
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