Rothgery v. Gillespie County

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.

Briefs and Documents

• Opinion below (Fifth Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply
• Amicus brief of 22 law professors (in support of the petitioner)

Merits briefs (Via ABA)

• Brief for Petitioner Walter Allen Rothgery
• Brief for Respondent Gillespie County, Texas
• Reply Brief for Petitioner Walter Allen Rothgery

Amicus briefs

• Brief for the National Association of Criminal Defense Lawyers in Support of Petitioner
• Brief for 24 Law Professors in Support of Petitioner
• Brief for the American Bar Association Association in Support of Petitioner
• Brief for the Brennan Center for Justice, the NAACP Legal Defense and Educational Fund, and the National Legal Aid and Defender Association in Support of Petitioner
• Brief for the Texas Association of Counties and the Texas District and County Attorneys Association in Support of Respondent
• Brief for the States of Texas, Alabama, Colorado, Hawaii, Iowa, Maine, Mississippi, Montana, Nevada, New Hampshire, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Virginia, and Puerto Rico in Support of Respondent