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: Capital Defense Weekly

email editions are back

By Karl R. Keys, Esq.

The email edition is now available. From the intro: Two SCOTUS cases kick off this edition, as well as follow-up on Daryl Atkins of Atkins v. Virginia fame. The first of the two SCOTUS case is Montejo v. Louisiana. Faegre & Benson’s Supreme Court Update interprets Montejo thusly: in Michigan v. Jackson, 475 U.S. 625 (1986), the Supreme Court held that, once a criminal defendant has requested counsel at an arraignment or similar proceeding, the police are forbidden to initiate any interrogation of the defendant. This case involved an attempted invocation of that rule.. . . The Supreme Court vacated the judgment and remanded for further proceedings. It first held that the state court’s attempted limitation of Jackson, based on a supposed distinction between a defendant’s affirmative “assertion” of his or her right to counsel and the appointment of counsel without a request, either would be unworkable in practice or would result in arbitrarily different results depending on whether state law requires counsel to be requested before one will be appointed...continue to full post

Full post as published by Capital Defense Weekly on June 07, 2009 (boomark / email).