Supreme Court Grants New Trial, Hands Brannock & Humphries Another Appellate Victory

The Florida Supreme Court has reversed the Fourth District Court of Appeal’s decision in an important case about the limits of a criminal defendant’s Fifth Amendment rights to counsel and to avoid self-incrimination.

In its lengthy opinion, issued today, the Court clarified the proper legal standard that applies where an accused has invoked his or her right to counsel or silence and then subsequently reinitiated communication with investigating police officers.  The Court adopted the standard advocated by Brannock & Humphries during a lively oral argument earlier this year.

The opinion is located here.