TDCAA Community
Rothgery - does it apply under 51.102

This topic can be found at:

June 03, 2009, 13:38
Rothgery - does it apply under 51.102
No request for attorney - but magistrate did not advise juvi of the procedures for indigent apptd atty. Under 51.102, art 26.04 applies as practicable - which incorp 15.17. But admissibility of juvi's stmt under 51.095 does not require the same as 15.17. Believe that 51.095 is all that is required for admissiblity of stmt - but need to respond to MTS legal memo applying 15.17 and Rothgery. Any thoughts other than Fam Code applies to stmt?
June 04, 2009, 11:56
Shannon Edmonds
The new SCOTUS opinion in Montejo may have made that question moot; be sure to read up on it before filing your answer.