In this case, the petitioner was convicted of rape and related offenses due to the victim's identification of him during a preliminary hearing where he had no lawyer. The Supreme Court found that the petitioner's right to counsel was violated, stating that pretrial corporeal identification conducted after a suspect has been indicted is a critical stage in a criminal prosecution where the Sixth Amendment entitles the accused to the presence of counsel. The Court ruled that an exclusionary rule must be established to prevent the prosecution from using evidence obtained from an uncounseled pretrial lineup.
Moore v. Illinois (1977)
Supreme Court of the United States
434 U.S. 220, 54 L. Ed. 2d 424, 98 S. Ct. 458, 1977 U.S. LEXIS 163, SCDB 1977-018
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