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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 ...
Rothgery then brought this 42 U. S. C. §1983 action against respondent Gillespie County, claiming that if the County had provided a lawyer within a reasonable time after the article 15.17 hearing, he would not have been indicted, rearrested, or jailed for three weeks.
U.S. Reports: Rothgery v. Gillespie County, 554 U.S. 191 (2008). Contributor Names Souter, David H. (Judge) Supreme Court of the United States (Author) Subject Headings
The Court expresses no opinion on whether Gillespie County satisfied that obligation in this case. Petitioner has asked us to decide only the limited question whether his magistration marked the beginning of his “criminal prosecutio[n]” within the meaning of the Sixth Amendment .
Texas police relied on erroneous information that petitioner Rothgery had a previous felony conviction to arrest him as a felon in possession of a firearm. The officers brought Rothgery before a magistrate judge, as required by state law, for a so-called “article 15.17 hearing,” at which the Fourth Amendment probable-cause determination was ...
SUPREME COURT OF THE UNITED STATES. Syllabus. ROTHGERY v. GILLESPIE COUNTY, TEXAS. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No. 07–440. Argued March 17, 2008—Decided June 23, 2008.
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What if Gillespie County had provided a lawyer?
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Should Texas' article 1517 hearing count as a case?
v. Gillespie County, Texas. Docketed: October 2, 2007. Linked with 07A710. Lower Ct: United States Court of Appeals for the Fifth Circuit. Case Nos.: (06-50267) Decision Date: June 29, 2007. Questions Presented. ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ Sep 27 2007. Petition for a writ of certiorari filed.
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