Michigan v. Jackson Overruled

The conservative activist justices on the United States Supreme Court have overruled Michigan v. Jackson, which has for 23 years forbidden the police from initiating the interrogation of a criminal defendant once the defendant has invoked the right to counsel at an arraignment or similar proceeding.

After waiving Miranda rights and making inconsistent, but incriminating, admissions, Montejo was arrested for murder. He then was brought before a judge, held without bond, and was appointed counsel, apparently without him requesting appointment. Later that day, the police went to the lockup, re-Mirandized him, and got him to take a trip to look for the murder weapon. During the trip, he wrote a letter of apology to the victim's widow. Appointed counsel first spoke to the defendant upon his return to the jail. The letter of apology was admitted at trial.


The Supreme Court held that the letter should not be suppressed under a per se Sixth Amendment rule and thus overruled Jackson. It conceded, however, that the letter of apology might have been taken in violation of Edwards v. Arizona and remanded for that determination. The Court also noted that the defendant could assert any claim he might have that the waiver of Sixth Amendment rights post-court appearance was involuntary.

Montejo v. Louisiana, http://www.supremecourtus.gov/opinions/08pdf/07-1529.pdf