Rothgery v. Gillespie County
554 U.S. ___ (2008)

Annotate this Case

554 U. S. ____ (2008)
554 U. S. ____ (2008)
554 U. S. ____ (2008)
SUPREME COURT OF THE UNITED STATES
NO. 07-440

WALTER A. ROTHGERY, PETITIONER v. GILLESPIE COUNTY, TEXAS

on writ of certiorari to the united states court of appeals for the fifth circuit

[June 23, 2008]

   Chief Justice Roberts, with whom Justice Scalia joins, concurring.

   Justice Thomas’s analysis of the present issue is compelling, but I believe the result here is controlled by Brewer v. Williams, 430 U. S. 387 (1977), and Michigan v. Jackson, 475 U. S. 625 (1986). A sufficient case has not been made for revisiting those precedents, and accordingly I join the Court’s opinion.

   I also join Justice Alito’s concurrence, which correctly distinguishes between the time the right to counsel attaches and the circumstances under which counsel must be provided.

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