Montejo v. Louisiana

Amicus curiae brief of the National Association of Criminal Defense Lawyers, the American Civil Liberties Union, the ACLU of Louisiana, and the Brennan Center for Justice, New York University School of Law in support of petitioner.

Brief filed: 11/24/2008


Montejo v. Louisiana

United States Supreme Court; Case No. 07-1529

Prior Decision

Case below 974 So.2d 1238 (La. 2008)

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?

Supplemental briefing ordered 3/30/09: Should Michigan v. Jackson, 475 U.S. 625 (1986), which held that that if police initiate interrogation after defendant's assertion of his right to counsel at arraignment or initial appearance, any subsequent waiver of the right to counsel during police interrogation is invalid, be overruled?



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Jonathan L. Marcus, Anna E. Lumelsky and Gary Feldon, Covington & Burling, Washington, DC, filed 4/14/09.