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Rothgery Ramifications: 'Investigate your defendant before arresting him'

The Rothgery case decided by SCOTUS this spring established that the Sixth Amendment right to counsel attaches for defendants at their bail hearing, but the full implications of that change have yet to be realized or even fully understood.Though bar exams were last week, this question from the Texas District and County Attorneys Association message board would have made a good exam question:Ok, here is the problem. Defendant arrested. Law enforcement for various reasons can't interview him that night. Defendant is magistrated that morning (15.17 hearing) and fills out a request for ct. appointed counsel.Police detective contacts jail and is told thad defendant did not have counsel so he interviewed the defendant, on video, where he was marandized waived and confessed...continue to full post

Full post as published by Grits for Breakfast on August 07, 2008 (boomark / email).