United States Supreme Court
388 U.S. 218 (1967)
Wade (defendant) was arrested under suspicion of involvement in a bank robbery. The court appointed an attorney to represent Wade. An FBI agent arranged a lineup to have two bank employees identify the man they remembered from the robbery. The agent did not notify Wade’s attorney prior to conducting the lineup. The bank employees identified Wade as the bank robber. At trial, the bank employees identified Wade when asked if they saw the robber present in the courtroom. Wade’s attorney cross-examined the bank employees and confirmed that they had previously picked Wade out of the lineup. Wade moved the court to enter a judgment of acquittal or strike the courtroom identifications on grounds that the lineup violated his Fifth Amendment privilege against self-incrimination and his Sixth Amendment right to counsel. The trial court denied the motion. Wade was convicted and filed an appeal. The court of appeals held that the lineup did not violate the Wade’s Fifth Amendment rights, but did violate his Sixth Amendment right to counsel. The court of appeals reversed the conviction and remanded for a new trial excluding the bank employees’ courtroom identifications. The United States (plaintiff) petitioned the Supreme Court for review.
Rule of Law
Holding and Reasoning (Brennan, J.)
Concurrence/Dissent (Black, J.)
Concurrence/Dissent (White, J.)
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