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SCOTUS loss

By cdw

via JoNell at Hamful Error: Montejo v. Louisiana - In a 5-4 decision authored by Justice Scalia, the Court overrules Michigan v. Jackson concerning the rights of a criminal suspect in police custody after the appointment of counsel. The facts:  Montejo was charged with first degree murder and the court ordered the appointment of counsel during a 72-hour hearing.  Later that day, the police read Montejo his rights under Miranda v. Arizona and he agreed to go along on a trip to locate the murder weapon.  During the trip he wrote an inculpatory letter of apology to the victim’s widow.  After returning from the trip, he met his court appointed attorney for the first time.  Counsel objected to admission of the letter at trial, but it was admitted and Montejo was convicted...continue to full post

Full post as published by Capital Defense Weekly on May 26, 2009 (boomark / email).