Federal Judiciary

Court overrules Michigan v. Jackson

By Akin Gump Supreme Court Practice Group

Splitting 5-4, the Supreme Court on Tuesday overruled its 23-year-old ruling in Michigna v. Jackson on the rights of a criminal suspecrt in police custody who has asked for a lawyer.  The Court did so in Montejo v. Louisiana (07-1529), in opinion written by Justice Antonin Scalia.  After Scalia announced the decision, Justice John Paul Stevens spoke orally for the dissenters — a somewhat unusual gesture.

The Court, in a separate decision, ruled unanimously that using a cellphone to make purchase of a drug when the crime would be only a misdemeanor does not “facilitate” a felony distribution crime. Justice David H. Souter wrote the opinion in Abuelhawa v. U.S. (08-192).

In the last of three opinions on the merits, the Court ruled that it is unconstitutional for a state to bar all damage lawsuits brought under federal civil rights law against prison officers or guards, allowing instead only a claim against the state itself in a special claims court.  The Court divided 5-4 in Haywood v. Drown (07-10374); Justice Stevens wrote for the majority.

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