Quimbee logo
DMCA.com Protection Status

Rothgery v. Gillespie County, Texas

554 U.S. 191 (2008)

Case BriefRelatedOptions
From our private database of 28,700+ case briefs...

Rothgery v. Gillespie County, Texas

United States Supreme Court

554 U.S. 191 (2008)

Play video

Facts

Rothgery (plaintiff) was arrested as a felon in possession of a weapon when police relied on an erroneous record showing Rothgery had previously been convicted of a felony. Rothgery was brought before a magistrate judge. The judge determined that there was probable cause for Rothgery’s arrest, told Rothgery the charges, set his bail, and sentenced him to jail. Rothgery was released on bond and made several requests for a lawyer but was not appointed one. He was later indicted and rearrested. Six months after his initial appearance before the magistrate judge, a lawyer was appointed for Rothgery. Rothgery’s lawyer gave the paperwork showing Rothgery was never convicted of a felony to the district attorney. The indictment against Rothgery was dismissed. Rothgery then brought a federal civil rights suit against Gillespie County, Texas (defendant), alleging that the county’s policy of denying appointed counsel to indigent defendants prior to indictment violated his right to counsel. The district court held that the right to counsel had not attached at the initial hearing because no prosecutor was assigned to Rothgery’s case and granted summary judgment for the county. The appellate court affirmed and the Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Souter, J.)

Concurrence (Alito, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 546,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 546,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 983 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 546,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 28,700 briefs - keyed to 983 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership