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Oral arguments at SCOTUS in Texas right to counsel case reveal new insights about murky systems

By Gritsforbreakfast

I earlier mentioned an important Texas case argued before the US Supreme Court yesterday, and have just finished reading the transcripts (pdf) from the oral arguments in Rothgery v. Gillespie County, Texas.Mr. Rothgery who was arrested and refused an appointed attorney on what turned out to be wrongful gun charge, appears to me likely to prevail in the case, judging purely from Justices' comments. Justices Scalia, Ginsberg, Souter, Stevens, Kennedy and Breyer all seemed to be actively seeking ways to uphold the plaintiff's petition. Scalia outright said as much, as did Kennedy, who declared openly that what "we're looking for here, at least one of the things we might look for in this case, is a specific rule to give to the States so the State knows when counsel has to be appointed...continue to full post

Full post as published by Grits for Breakfast on March 18, 2008 (boomark / email).