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Montejo v. Louisiana

Docket No.: 07-1529
Certiorari Granted: Oct 1 2008
Argued: January 13, 2009
Decided: January 13, 2009

Topic:

Sixth Amendment

PartyNames: Jesse Jay Montejo v. Louisiana
Petitioner: Jesse Jay Montejo
Respondent: State of Louisiana

Court Below: Supreme Court of Louisiana

Jesse Jay Montejo
v.
State of Louisiana
Question Presented:

When an indigent defendant's right to counsel has attached and counsel has been appointed, must the defendant take additional affirmative steps to "accept" the appointment in order to secure the protections of the Sixth Amendment and preclude police-initiated interrogation without counsel present?

Question:

After the appointment of an attorney, does a defendant need to take additional steps to accept the appointment in order to secure the protections afforded by the Sixth Amendment?

Note:

ORDER OF 3/27/2009: THE PARTIES ARE DIRECTED TO FILE SUPPLEMENTAL BRIEFS ADDRESSING THE FOLLOWING QUESTION: SHOULD <span style="font-style: italic;">MICHIGAN v. JACKSON</span>, 475 U.S. 625 (1986), BE OVERRULED?

Holding: vacated and remanded
Decision: Decision: 5 votes for Montejo, 4 vote(s) against
Opinion By: Justice Antonin Scalia
Read MONTEJO V. LOUISIANA opinion (PDF)
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