July 03, 2008
On June 23, 2008, the Supreme Court decided Rothgery v. Gillespie County. The Court was asked to consider whether a defendant’s Sixth Amendment right to counsel attaches at an initial hearing at which he is brought before a magistrate and jailed, pending posting of bond, if prosecutors were not involved in the arrest or court appearance. The Court held that it does. On June 19, 2008, the Supreme Court decided Indiana v. Edwards, another Sixth Amendment case. The Court was asked to consider whether a defendant who is competent to stand trial and capable of knowingly waiving his right to counsel necessarily has the constitutional right to represent himself at trial. The Court held he does not. Tom Gede of Bingham Consulting Group and of counsel to Bingham McCutchen LLP discusses the cases.
Oral Argument for Rothgery v. Gillespie County - March 17, 2008:
Decision for Rothgery v. Gillespie County - June 23, 2008:
Oral Argument for Indiana v. Edwards - March 26, 2008:
Decision for Indiana v. Edwards - June 19, 2008: