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Criminal Procedure Keyed to Dressler
United States v. Wade
Citation:
388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149.Facts
A man entered a bank, pointed a pistol at the female cashier and the vice president (the only persons in the bank at the time), and forced them to fill a pillowcase with the bank’s money. The man then drove away.
An indictment was returned against the defendant and he was arrested. Fifteen days after counsel was appointed to represent the defendant, an FBI agent, without notice to the defendant’s lawyer, arranged to have the two bank employees observe a lineup made of the defendant and five or six other prisoners. Both bank employees identified the defendant in the lineup as the bank robber.
At trial, the two employees, when asked if the robber was in the courtroom, pointed to the defendant. The defendant made a motion to strike the employees’ courtroom identifications on the ground that the lineup, without notice to and in the absence of his appointed counsel, violated his Sixth Amendment right to counsel. The motion was denied, and the defendant was convicted. The Court of Appeals for the Fifth Circuit reversed the conviction, finding that the lineup, held in the absence of counsel that was already chosen to represent the defendant, was a violation of his Sixth Amendment rights.
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