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SCALIA AGREES WITH FINKELSTEIN

By JAABLOG

SUPREME COURT OF THE UNITED STATES ROTHGERY v. GILLESPIE COUNTY, TEXAS No. 07?440.?Argued March 17, 2008?Decided June 23, 2008   Texas police relied on erroneous information that petitioner Rothgery had a previous felony conviction to arrest him as a felon in possession of a firearm. The officers brought Rothgery before a magistrate judge, as required by state law, for a so-called "article 15.17 hearing," at which the Fourth Amendment probable-cause determination was made, bail was set, and Rothgery was formally apprised of the accusation against him. After the hearing, the magistrate judge committed Rothgery to jail, and he was released after posting a surety bond. Rothgery had no money for a lawyer and made several unheeded oral and written requests for appointed counsel...continue to full post

Full post as published by JAABlog on June 23, 2008 (boomark / email).