Montejo v. Louisiana
United States Supreme Court
556 U.S. 778 (2009)
While investigating a murder, police arrested Jesse Montejo (defendant), who waived his Miranda rights and, after hours of interrogation, eventually confessed. At a subsequent court appearance, a lawyer was appointed for Montejo even though he had never expressly asked for one; that same day, detectives visited him, re-read his Miranda rights, and he agreed to accompany them to locate the murder weapon, during which trip he wrote an inculpatory apology letter, all before ever meeting with his appointed lawyer. The letter was admitted at trial over defense objection, and Montejo was convicted of first-degree murder and sentenced to death; the Louisiana Supreme Court affirmed, finding the rule from Michigan v. Jackson inapplicable because Montejo never expressly requested counsel himself, and finding his waiver knowing and voluntary.
Whether police may seek a knowing and voluntary waiver of a defendant's right to have counsel present during police interactions, even after the defendant's Sixth Amendment right to counsel has attached and become operative.