Does the Wade-Gilbert Rule apply to lineups after indictment?

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

Page 671

(People v. Fowler, supra, 1 Cal.3d at p. 342, 82 Cal.Rptr. at p. 368, 461 P.2d at p. 648.)

Other Questions


Does a federal decision construing a state forfeiture statute apply the same weight and authority as it applies to a federal forfeiture statute? (California, United States of America)
Does the doctrine of res judicata apply when a defendant is tried on two separate indictments? (California, United States of America)
Can the exclusionary rule apply retroactively to a grand jury indictment based on evidence obtained from an illegal search? (California, United States of America)
Does the Attorney General have any authority to apply the rule in People v. Francis to apply retroactively to the amended version of section 12022.5 of the Penal Code? (California, United States of America)
Does a post-indictment lineup constitute a violation of an accused's privilege against self-incrimination? (California, United States of America)
Does a prior conviction under section 1170.126 of the California Criminal Code apply to disqualify an applicant from applying for a university degree? (California, United States of America)
Is a defendant entitled to equal protection of the law when he is charged by indictment rather than by indictment? (California, United States of America)
Does a dissenting opinion in a police lineup invalidate an identification of defendant in the police lineup? (California, United States of America)
Does the provocative act murder doctrine apply when the felony-murder doctrine does not apply? (California, United States of America)
Does the use of physical restraints apply to defense witnesses? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.