CERTIORARI TO THE SUPREME COURT OF LOUISIANA
No. 07–1529. Argued January 13, 2009—Decided May 26, 2009
At a preliminary hearing required by Louisiana law, petitioner Montejo was charged with first-degree murder, and the court ordered the ap-pointment of counsel. Later that day, the police read Montejo his rights under Miranda v. Arizona, 384 U. S. 436, and he agreed to goalong on a trip to locate the murder weapon. During the excursion,he wrote an inculpatory letter of apology to the victim’s widow. Uponreturning, he finally met his court-appointed attorney. At trial, his letter was admitted over defense objection, and he was convicted andsentenced to death. Affirming, the State Supreme Court rejected his claim that the letter should have been suppressed under the rule of Michigan v. Jackson, 475 U. S. 625, which forbids police to initiateinterrogation of a criminal defendant once he has invoked his right tocounsel at an arraignment or similar proceeding. The court reasoned that Jackson’s prophylactic protection is not triggered unless the de-fendant has actually requested a lawyer or has otherwise assertedhis Sixth Amendment right to counsel; and that, since Montejo stoodmute at his hearing while the judge ordered the appointment ofcounsel, he had made no such request or assertion.
full text here (PDF)
Loading ...