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THIS DAY AT LAW
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.




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