Trial Magazine, p. 56, February 2009
7 Pages Posted: 26 Mar 2009 Last revised: 1 Jul 2013
This article discusses Montejo v. Louisiana, currently pending in the Supreme Court. In Montejo, the defendant was arraigned for murder and counsel was appointed. Subsequently the police got him to write a letter to the victim's wife in which he made incriminating statements. The issue is whether the police can question such a defendant without going through counsel. This issue raises questions under both the Fifth and Sixth Amendments.
Keywords: Criminal Procedure, Fifth and Sixth Amendments, Right to Counsel, Interrogation
Suggested Citation: Suggested Citation
Bradley, Craig, Interrogation in the Swamp. Trial Magazine, p. 56, February 2009; Indiana Legal Studies Research Paper No. 130. Available at SSRN: https://ssrn.com/abstract=1367880