Montejo v. Louisiana
Encyclopedia
Montejo v. Louisiana, 556 U.S. ___ (2009), is a 5–4 decision by the United States Supreme Court
that overruled the Court's decision in Michigan v. Jackson
, . Justice Scalia
delivered the opinion of the Court. Justice Alito
filed a concurring opinion. Justice Stevens
, who had written the Opinion of the Court in Jackson, filed a dissenting opinion in which Justice Souter
and Justice Ginsburg
joined. Justice Breyer
joined that opinion, except for footnote 5. Justice Breyer filed a separate dissenting opinion.
, , asserting that requiring an initial “invocation” of the right to counsel in order to trigger the Jackson presumption, might work in States that require an indigent defendant formally to request counsel before an appointment is made, but not in more than half the States, which appoint counsel without request from the defendant.
right to counsel
attaches upon invocation (i.e. when an attorney is requested). The Sixth Amendment's
right to counsel
attaches when adversarial proceedings begin (i.e. at the arraignment). The presumption in Jackson
attempted to analogize the Fifth Amendment's
right against self-incrimination through Edwards v. Arizona
to the Sixth Amendment's
right to counsel
. Essentially not allowing police interrogation after the right attached. Under Montejo, in the case where the Defendant has not asserted his Fifth Amendment's
right to counsel
but rather relies on his Sixth Amendment's
right to counsel
, police may reinitiate interrogation after his Miranda rights have been read. However, if a Defendant has asserted his Fifth Amendment's
right to counsel
and adversarial proceedings have begun, police may not reinitiate questioning without counsel present and waiver under Edwards
, or unless the Defendant initiates the conversation and police get waiver.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
that overruled the Court's decision in Michigan v. Jackson
Michigan v. Jackson
Michigan v. Jackson, , was a case decided by the United States Supreme Court regarding the Sixth Amendment's right to counsel in a police interrogation...
, . Justice Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
delivered the opinion of the Court. Justice Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
filed a concurring opinion. Justice Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
, who had written the Opinion of the Court in Jackson, filed a dissenting opinion in which Justice Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
and Justice Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
joined. Justice Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
joined that opinion, except for footnote 5. Justice Breyer filed a separate dissenting opinion.
Facts
At a preliminary hearing, Montejo was charged with first-degree murder. Montejo was also appointed court-ordered counsel, which he neither expressly requested nor denied. Later that day, while in prison, police read Montejo his Miranda rights, and he agreed to go along on a trip to locate the murder weapon. While in the police car, Montejo wrote an inculpatory letter of apology to the victim's widow. Only upon return did Montejo first finally meet his court-appointed attorney. At trial, the letter of apology was admitted over Montejo's objection. The jury convicted Montejo of first-degree murder, and he was sentenced to death.U.S. Supreme Court decision
The court expressly overturned Michigan v. JacksonMichigan v. Jackson
Michigan v. Jackson, , was a case decided by the United States Supreme Court regarding the Sixth Amendment's right to counsel in a police interrogation...
, , asserting that requiring an initial “invocation” of the right to counsel in order to trigger the Jackson presumption, might work in States that require an indigent defendant formally to request counsel before an appointment is made, but not in more than half the States, which appoint counsel without request from the defendant.
Analysis
The Fifth Amendment'sFifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
right to counsel
Right to counsel
Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...
attaches upon invocation (i.e. when an attorney is requested). The Sixth Amendment's
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
right to counsel
Right to counsel
Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...
attaches when adversarial proceedings begin (i.e. at the arraignment). The presumption in Jackson
Michigan v. Jackson
Michigan v. Jackson, , was a case decided by the United States Supreme Court regarding the Sixth Amendment's right to counsel in a police interrogation...
attempted to analogize the Fifth Amendment's
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
right against self-incrimination through Edwards v. Arizona
Edwards v. Arizona
Edwards v. Arizona, 451 U.S 477 , is a decision by the United States Supreme Court holding that once a defendant invokes his Fifth Amendment right to counsel police must cease custodial interrogation...
to the Sixth Amendment's
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
right to counsel
Right to counsel
Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...
. Essentially not allowing police interrogation after the right attached. Under Montejo, in the case where the Defendant has not asserted his Fifth Amendment's
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
right to counsel
Right to counsel
Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...
but rather relies on his Sixth Amendment's
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
right to counsel
Right to counsel
Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...
, police may reinitiate interrogation after his Miranda rights have been read. However, if a Defendant has asserted his Fifth Amendment's
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
right to counsel
Right to counsel
Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...
and adversarial proceedings have begun, police may not reinitiate questioning without counsel present and waiver under Edwards
Edwards v. Arizona
Edwards v. Arizona, 451 U.S 477 , is a decision by the United States Supreme Court holding that once a defendant invokes his Fifth Amendment right to counsel police must cease custodial interrogation...
, or unless the Defendant initiates the conversation and police get waiver.
See also
External links
- [ Text of the decision]
- Transcript of oral argument
- The Right to Counsel, Weakened (NYT Editorial)