JURIST Supported by the University of Pittsburgh

Today in legal history...

Thursday, May 26, 2011

Supreme Court overruled right to counsel precedent
Dwyer Arce at 12:00 AM ET

On May 26, 2009, the US Supreme Court ruled 5-4 in Montejo v. Louisiana to overturn its 1986 decision in Michigan v. Jackson, which found that the Sixth Amendment required that police cease interrogations after a suspect had invoked his right to counsel, instead ruling that the Fifth Amendment provided adequate protection. Writing for the majority, Justice Antonin Scalia found that under other precedent "a defendant who does not want to speak to the police without counsel present need only say as much when he is first approached and given the Miranda warnings. At that point, not only must the immediate contact end, but "badgering" by later requests is prohibited." Justice John Paul Stevens, who wrote the opinion in Jackson, filed a dissenting opinion to which Justices David Souter, Ruth Bader Ginsburg and Stephen Breyer joined. Breyer also filed separate dissenting opinion.

Learn more about the Supreme Court and the Sixth Amendment from the JURIST news archive.

Link post | IM post | go to JURIST | © JURIST, 2011


 First redistricting "gerrymander" created
February 11, 2016

 Japan enacts Meiji Constitution
February 11, 2016

 click for more...


Add This Day at Law to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL


Subscribe to This Day at Law alerts via R|mail. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.
MyBlogAlerts also e-mails alerts of new This Day at Law entries. It's free and fast, but ad-based.


This Day at Law welcomes reader comments, tips, URLs, updates and corrections. E-mail us at archives@jurist.org