• The argument was heard on January 13, 2009.
• Issue: The issue in Montejo is whether an indigent defendant must affirmatively accept the appointment of counsel to preclude future police interrogation in the absence of an attorney.
• Background: This case arose when Jesse Montejo was questioned for his connection with the murder of Lewis Ferrari. When Montejo was being interrogated, he requested an attorney after five hours of interrogation, but almost immediately withdrew the request. During the interrogation, Montejo made a statement that amounted to a confession, but later he sought to suppress that statement, based on the fact that he was not represented by an attorney.