Rothgery v. Gillespie County, Texas
United States Supreme Court
554 U.S. 191 (2008)
Rothgery (plaintiff) was arrested based on an erroneous record showing a prior felony conviction, and a magistrate found probable cause, informed him of the charges, and set bail and jail time at his initial appearance. Rothgery repeatedly requested a lawyer but was not appointed one until six months later, after which his lawyer quickly proved the felony record was wrong and the indictment was dismissed. Rothgery sued Gillespie County (defendant) for violating his right to counsel; the district court held the right had not yet attached at the initial hearing because no prosecutor had been assigned, and the appellate court affirmed.
Whether a criminal defendant has the right to counsel upon first appearing before a judicial officer, learning the charges, and having his liberty restricted, even if no prosecutor has yet been assigned to the case.