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SUPREME COURT OF THE UNITED STATES NO. 07-440 WALTER A. ROTHGERY, PETITIONER v. GILLESPIE COUNTY, TEXAS. on writ of certiorari to the united states court of appeals for the fifth circuit [June 23, 2008] Chief Justice Roberts, with whom Justice Scalia joins, concurring.
Gillespie County, 554 U.S. 191 (2008), is a United States Supreme Court case in which the Court held that a criminal defendant's initial appearance before a magistrate judge, where he learns the charge against him and his liberty is subject to restriction, marks the initiation of adversary judicial proceedings that trigger attachment of the ...
Mar 17, 2008 · Rothgery sued Gillespie County under 42 U.S.C. § 1983, claiming that the County's failure to grant his request until after indictment violated his Sixth Amendment right to counsel.
Rothgery's attorney produced evidence that Rothgery was in fact not a felon and he was released from custody. Rothgery brought suit against Gillespie County, TX for violating his civil rights by not appointing counsel as required under the Sixth Amendment.
Jun 23, 2008 · Rothgery v. Gillespie County, Texas (Amicus Brief) In this case, the Court holds that the right to counsel under the 6th Amendment exists when the charges are first presented against the defendant in a court of law, even if a prosecutor is not yet involved in that specific proceeding.
Jun 29, 2007 · On July 15, 2002, officers of the Fredericksburg, Texas Police Department arrested plaintiff-appellant Walter Rothgery without a warrant on suspicion of being a felon in possession of a firearm, which is a third-degree felony in Texas.
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Feb 2, 2006 · On July 15, 2002, officers of the Fredericksburg, Texas Police Department arrested Plaintiff Walter Allen Rothgery without a warrant for unlawfully carrying a firearm by a felon, a third-degree felony under Texas law. Rothgery was taken to the Gillespie County jail for booking.