Case Brief #4 I. Citation
Montejo v. Louisiana 556 U.S. 778, 129 S.Ct. 2079, 173 L.Ed.2d 955 (2009) II. The Relevant Facts
Montejo, who was a murder suspect, waived his Miranda rights and was interrogated at a sheriff’s office. He was brought before a judge for a hearing where he was appointed legal representation. Later that day, two officers visited him at the prison and asked Montejo to accompany them to locate the murder weapon, which he claimed he had thrown into a lake. He was read his Miranda rights again and agreed to go with the officers to search for the murder weapon. Montejo wrote a letter of apology to the victim’s spouse during this time, but he did not see his attorney until he had returned to the prison. III. Case History
At his trial, the letter of apology Montejo wrote to the victim’s widow was used as evidence to convict him of first-degree murder and to sentence him to death. The Louisiana Supreme Court rejected Montejo’s arguments based on Michigan v. Jackson, 475 U.S. 625 (1986) and upheld the conviction, stating that Montejo did not make any sort of request that counsel be appointed to him because he stood mute at his preliminary hearing. IV. Legal Issues
Did Montejo genuinely waive his right to have counsel present during his interaction with police? Do indigent defendants have to affirmatively accept counsel to prevent future police interrogations without an attorney present? V. The Holding
Montejo did not affirmatively accept counsel during his preliminary hearing, but instead said nothing. The Court concluded that he had not asserted his right to counsel and that Montejo validly waived his Sixth Amendment right to counsel. VI. Legal Rationale
The U.S. Supreme Court overruled the holding in Michigan v. Jackson, 475 U.S. 625 (1986) because in this case Edwards v. Arizona, provided a prophylactic rule that prohibits badgering by police.