2009•eYLS (Yale Law School)Open access
INTERROGATIONS AND THE GUIDING HAND OF COUNSEL: MONTEJO, VENTRIS, AND THE SIXTH AMENDMENT'S CONTINUED VITALITY
Ben G. Cohen, Bidish Sarma, Robert J. Smith
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Abstract
cert.granted, 129 S. Ct. 30 (2008) (No. 07-1529) (argued Jan. 13, 2009) (link), decision below at State v. Montejo, 974 So. 2d 1238 (La.2008).The question presented in Montejo is: -When an indigent defendant's right to counsel has attached and counsel has been appointed, must the defendant take additional affirmative steps to ‗accept' the appointment in order to secure the protections of the Sixth Amendment and preclude police-initiated interrogation without counsel present?‖
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