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ROTHGERY v. GILLESPIE COUNTY, TEXAS

No. 06-50267.

537 F.3d 716 (2008)

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

United States Court of Appeals, Fifth Circuit.

August 1, 2008.

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 Gillespie Cty., TX.

Susanna Dokupil, R. Ted Cruz, Austin, TX, George E. Dix, University of Texas School of Law, Austin, TX, for Amici Curiae.

Before KING, WIENER, and OWEN, Circuit Judges.

PER CURIAM:

The Supreme Court vacated this court's judgment in this case and remanded the case to us for further proceedings consistent with its opinion. See Rothgery v. Gillespie County, ___ U.S. ___, 128 S.Ct. 2578, 171 L.Ed.2d 366 (2008), rev'g 491 F.3d 293 (5th Cir.2007). The Court decided what it termed a "threshold issue" in the case, holding that "a criminal defendant's initial appearance before a judicial officer...

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