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This week at the US Supreme Court

The US Supreme Court is back from its break and is scheduled to hear several interesting arguments this week: Monday Republic of the Philippines v. Pimentel - concerning the assets of former Philippine President Ferdinand Marcos Rothgery v. Gillespie County - The petitioner was arrested and brought before a magistrate judge who informed petitioner of the accusation against him, found probable cause that he had committed the offense based on a police officer's sworn affidavit, and committed him to jail pending trial or the posting of bail. The question presented is whether the Fifth Circuit correctly held -- in a decision that conflicts with those of other federal courts of appeals and state courts of last resort -- that adversary judicial proceedings nevertheless had not commenced, and petitioner's Sixth Amendment rights had not attached, because no prosecutor was involved in petitioner's arrest or appearance before the magistrate...continue to full post

Full post as published by Harmful Error on March 17, 2008 (boomark / email).