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ROTHGERY v. GILLESPIE COUNTY, TEX.

No. 06-50267.

491 F.3d 293 (2007)

Walter Allen ROTHGERY, Plaintiff-Appellant, v. GILLESPIE COUNTY, TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 29, 2007.

Attorney(s) appearing for the Case

William Gerow Christian (argued), Graves, Dougherty, Hearon & Moody, Andrea M. Marsh, Harry Williams, IV, Texas Fair Defense Project, Austin, TX, for Rothgery.

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

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.

Before KING, WIENER, and OWEN, Circuit Judges.

KING, Circuit Judge:

In McGee v. Estelle, we held that a warrantless arrestee's Sixth and Fourteenth Amendment right to counsel does not attach in Texas when he appears before a magistrate for statutory warnings if prosecutors are unaware of and uninvolved in the arrest and appearance. 625 F.2d 1206, 1208-09 (5th Cir.1980). The district court in this case reached a similar conclusion where the warrantless arrestee's appearance...

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