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Rothgery v. Gillespie County

Docket No. Op. Below Argument Opinion Vote Author Term
07-440 5th Cir. Mar 17, 2008 Jun 23, 2008 8-1 Souter OT 2007

Holding: A criminal defendant's initial appearance before a magistrate, 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 Sixth Amendment right to counsel. Attachment does not also require that a prosecutor (as distinct from a police officer) be aware of that initial proceeding or involved in its conduct.

Judgment: Vacated and remanded, 8-1, in an opinion by Justice David Souter on June 23, 2008. Chief Justice Roberts filed a concurring opinion, in which Justice Scalia joined. Justice Alito filed a concurring opinion, in which Chief Justice Roberts and Justice Scalia joined. Justice Thomas filed a dissenting opinion.

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