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Criminal Procedure Keyed to Ohlin
Rothgery v. Gillespie County
Citation:
554 U.S. 191 (2008)Facts
Though petitioner Walter Rothgery has never been convicted of a felony, a criminal background check disclosed an erroneous record that he had been, and on July 15, 2002, Texas police officers relied on this record to arrest him. The officers lacked a warrant, and so brought Rothgery before a magistrate. After reviewing the affidavit submitted by the police, the magistrate determined that probable cause existed for the arrest. The magistrate informed Rothgery of the accusation, set his bail at $5,000 and committed him to jail from which he was released after posting a bond. Rothgery had no money for a lawyer and made several oral and written requests for appointed counsel, which went unheeded. Rothgery contends that his right to counsel has been violated.
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