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United States v. Wade | 388 U.S. 218 (1967)
Sometimes an eyewitness wrongly identifies a defendant at trial because the witness previously picked the defendant out of a suggestive pretrial line-up. Would the presence of a defense attorney at a line-up help to prevent such false identifications? And, in addition, should the absence of an attorney at a line-up prevent an eyewitness who identified the defendant from testifying at trial? The United States Supreme Court addressed these issues in United States versus Wade.
A man robbed a bank when two bank employees were present. FBI agents determined that the robber was Billy Joe Wade. A federal grand jury indicted Wade for bank robbery, and a federal judge appointed counsel for Wade. An FBI agent, without notice to Wade’s counsel, took Wade out of jail and directed him to participate in a line-up. Both bank employees identified Wade as the robber.
At Wade’s jury trial, the two bank employees were called to testify. Both again identified Wade as the robber. The prosecution didn’t question the two bank employees or any law-enforcement witness about the employees’ identification of Wade during the line-up. Wade objected that the employees’ in-court identifications violated his Sixth Amendment right to counsel because their identifications were tainted by viewing him during the pretrial line-up, which occurred without the presence of his counsel. The district court overruled the objection. The jury convicted Wade.
On Wade’s appeal, the United States Court of Appeals for the Fifth Circuit reversed his conviction. The court concluded that the witnesses’ in-court identification violated Wade’s Sixth Amendment right to counsel.
The United States successfully petitioned the United States Supreme Court to review Wade’s case.
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