JASON93 / LEGAL TECHSearch the reference
AuthorityCurrent through August 26, 2026View as Markdown

Legal review · Links checked : the source is available · Scope & methodology

This record is not a citator check. Confirm later history and treatment before relying on it.

authority type
case
jurisdiction
federal_nationwide
publication status
published_united_states_reports
precedential status
binding
decision or issuance date
2008-06-23
subsequent history
Current official source reviewed through 2026-08-25.
negative treatment status
No contrary current enactment or Supreme Court holding identified in official-primary-source review through 2026-08-25; comprehensive commercial citator not run.
material limitations
Use only for the propositions and boundaries stated in the linked canonical module.

Open official source ↗

Linked modules

Rothgery v. Gillespie County

Holdings used

  • An initial appearance at which the defendant learns the formal accusation and liberty is restricted triggers attachment of the Sixth Amendment right to counsel without requiring prosecutor awareness or participation.
  • Attachment is distinct from whether a proceeding is a critical stage requiring counsel's presence.

Material limitation

The Court did not define counsel's required presence at every postattachment proceeding and did not make attachment a statutory trigger for a § 3142 detention hearing.

Official source and pinpoint

554 U.S. 191, 194–95, 212–13 & nn.15–17 (2008): https://www.supremecourt.gov/opinions/boundvolumes/554bv.pdf