Montejo v. Louisiana, No. 07-1529 (May 26, 2009): Overruled Michigan v. Jackson, a rule that forbids police from initiating interrogation of a criminal defendant once he has invoked his right to counsel at an arraignment of or similar proceeding. Court reasoned that Michigan was “unworkable” in jurisdictions where counsel was appointed regardless of any request made by the defendant. The Court held that an actual invocation is necessary to trigger the protections of the Sixth Amendment, as opposed to silent acceptance of an appointed counsel or the failure to ask for counsel. In the case at bar, the Court found that the defendant “stood mute at his hearing while the judge ordered the appointment of counsel” and did not assert his Sixth Amendment Rights.
