Criminal Procedure keyed to Israel
United States v. Wade
Facts
Two men robbed a bank in Eustace, Texas. One man, with two pieces of tape on his face, went into the bank, pointed a gun at the cashier and demanded the money. His accomplice waited outside in a stolen getaway car. Wade and his accomplice were indicted for the robbery and counsel was appointed. About two weeks later, a Federal Bureau of Investigation (“FBI”) agent caused the two men to be part of a lineup consisting of five or six other men at which the bank employees were asked to make an identification, and at which the two men were in fact identified. At trial, Wade’s defense counsel objected to the identification procedures, but his efforts to have them stricken were in vain. Wade was convicted of the robbery. The Fifth Circuit reversed, holding that the lineup had violated Wade’s Sixth Amendment constitutional right to counsel.
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