Rothgery v. Gillespie County

NACDL amicus curiae brief in support of petitioner.

Brief filed: 01/23/2008


Rothgery v. Gillespie County

United States Supreme Court; Case No. 07-440

Prior Decision

Opinion below 491 F.3d 293 (5th Cir. 2007)

Question Presented

In this case, petitioner was arrested and brought before a magistrate judge who informed petitioner of the accusation against him, found probable cause that he had committed the offense based on a police officer’s sworn affidavit, and committed him to jail pending trial or the posting of bail. The question presented is whether the Fifth Circuit correctly held—in a decision that conflicts with those of other federal courts of appeals and state courts of last resort—that adversary judicial proceedings nevertheless had not commenced, and petitioner’s Sixth Amendment rights had not attached, because no prosecutor was involved in petitioner’s arrest or appearance before the magistrate. 



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Ian Heath Gershengorn, Jenner & Block, Washington, D.C.