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SCOTUS overrules Michigan v. Jackson on right to counsel in interrogations

By John Wesley Hall, Jr.

Today, the Supreme Court overruled Michigan v. Jackson (1986), and the Court held that automatically appointed counsel did not work to invoke a right to counsel. Montejo v. Louisiana, No. 07-1529 (May 26, 2009). The Syllabus: At a preliminary hearing required by Louisiana law, petitioner Montejo was charged with first-degree murder, and the court ordered the appointment of counsel. Later that day, the police read Montejo his rights under Miranda v. Arizona, 384 U. S. 436, and he agreed to go along on a trip to locate the murder weapon. During the excursion, he wrote an inculpatory letter of apology to the victim’s widow. Upon returning, he finally met his court-appointed attorney. At trial, his letter was admitted over defense objection, and he was convicted and sentenced to death...continue to full post

Full post as published by Law Of Criminal Defense on May 26, 2009 (boomark / email).