United States Fifth Circuit

In a 42 U.S.C. section 1983 suit against a county alleging violation of plaintiff's Sixth and Fourteenth Amendment right to counsel, summary judgment for defendant is affirmed where the right to counsel does not attach in Texas when the subject of an arrest appears before a magistrate for statutory warnings and a probable cause determination by the magistrate if prosecutors are unaware of and uninvolved in the arrest and appearance.

Appellate Information

• Decided 08/03/2007
• Published 08/03/2007

Judges

• KING, Circuit Judge:, Before KING, WIENER, and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• William Gerow Christian (argued), Graves, Dougherty, Hearon & Moody, Andrea M. Marsh, Harry Williams, IV, Texas Fair Defense Project, Austin, TX, for Rothgery., Susanna Dokupil, R. Ted Cruz, Austin, TX, for Amicus Curiae, State of TX., George E. Dix, University of Texas School of Law, Austin, TX, for Amicus Curiae University of Texas School of Law.


• For Appellees:
  
• Charles Straith Frigerio (argued), Hector X. Saenz, Law Offices of Charles S. Frigerio, San Antonio, TX, for Defendant-Appellee.