Legal Opinion

Rothgery v. Gillespie County

Supreme Court of the United States

Decided June 23, 2008No. 07-440PublishedCited by 401 opinions

1Opinion of the CourtJustice Souter

This Court has held that the right to counsel guaranteed by the Sixth Amendment applies at the first appearance before a judicial officer at which a defendant is told of the formal accusation against him and restrictions are imposed on his liberty. See Brewer v. Williams, 430 U. S. 387, 398-399 (1977); Michigan v. Jackson, 475 U. S. 625, 629, n. 3 (1986). The question here is whether attachment of the right also requires that a public prosecutor (as distinct from a police *195officer) be aware of that initial proceeding or involved in its conduct. We hold that it does not.

I

A

Although petitioner…

2Cases cited33 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. WadeSupreme Court of the United States · 1967
  3. Escobedo v. IllinoisSupreme Court of the United States · 1964
  4. Gerstein v. PughSupreme Court of the United States · 1975
  5. Massiah v. United StatesSupreme Court of the United States · 1964

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3Cited by401 opinions

  1. Kerry Heckman, on Behalf of Themselves and All Other Persons Similarly Situated v. Williamson CountyTexas Supreme Court · 2012
  2. Montejo v. LouisianaSupreme Court of the United States · 2009
  3. United States v. HaymondSupreme Court of the United States · 2019
  4. Commonwealth v. BriggsSupreme Court of Pennsylvania · 2011
  5. Commonwealth v. ColavitaSupreme Court of Pennsylvania · 2010

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