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Rothgery v. Gillespie County, 554 U.S. 191 (2008), is a United States Supreme Court case in which the Court held that a criminal defendant's initial appearance before a magistrate judge, 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. [1]
The appointment of attorneys for indigent defendants in capital cases is a source of controversy. District Court judges appoint lawyers for trial and a defendant's initial appeal. Of the 131 inmates executed under Governor George W. Bush, 43 were represented by an attorney who at some point has been disbarred, suspended or otherwise sanctioned ...
Betts v. Brady, 316 U.S. 455 (1942) Indigent defendants may be denied counsel when prosecuted by a state. (Overruled by Gideon v. Wainwright (1963)) Gideon v. Wainwright, 372 U.S. 335 (1963) All defendants have the right to an attorney and must be provided one by the state if they are unable to afford legal counsel. Escobedo v.
De Leon v. Perry was a federal lawsuit challenging Texas marriage law, specifically the state's constitutional ban on same-sex marriage and corresponding statutes. A U.S. district court ruled in favor of the plaintiff same-sex couples on February 26, 2014, granting their motion for a preliminary injunction.
state laws banning interracial marriage (anti-miscegenation laws) Berger v. New York: 388 U.S. 41 (1967) Telephone tapping in a bribery case, Fourth Amendment Curtis Publishing Co. v. Butts: 388 U.S. 130 (1967) libel; effect of Sullivan on private figures United States v. Wade: 388 U.S. 218 (1967) no police lineup without counsel Gilbert v ...
A pre-enforcement challenge under the Federal Constitution to Texas Senate Bill 8—the Texas Heartbeat Act—may proceed past the motion to dismiss stage against certain of the named defendants but not others; the order of the District Court is affirmed in part and reversed in part, and the case is remanded. United States v. Texas: 21-588: ...
The defendant will not be charged for legal services if acquitted, but will be liable to pay the lawyer's expenses if convicted unless the court finds that the defendant is indigent. [21] In civil cases, the state provides legal representation, legal advice, and help in covering court costs to those who cannot raise the necessary funds to hire ...
The Court held that Turner was not entitled to a public defender in cases regarding family nonsupport. However, in cases in which a state is not required to provide counsel, it must provide some other safeguard to reduce the risk of erroneous deprivation of liberty in civil contempt cases. The particular case the Court took under review was a ...