California, United States of America
The following excerpt is from People v. Johnson, 149 Cal.Rptr. 661, 85 Cal.App.3d 684 (Cal. App. 1978):
"We have concluded that the Wade-Gilbert rules are not limited in their application to lineups occurring after indictment. Our reasons are several. First, and perhaps most importantly, we find nothing in the reasoning of those opinions, and have ourselves been able to conceive of no reason, requiring that the rules should be so limited. The presence or absence of those conditions attendant upon lineups which induced the high court to term such proceedings 'a critical stage of the prosecution' at which the right to counsel
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(People v. Fowler, supra, 1 Cal.3d at p. 342, 82 Cal.Rptr. at p. 368, 461 P.2d at p. 648.)
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