Gilbert v. California
E912662
Gilbert v. California is a 1967 U.S. Supreme Court decision that held a defendant’s post-indictment lineup identification without counsel present violates the Sixth Amendment right to counsel.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Gilbert v. California canonical | 1 |
Statements (43)
| Predicate | Object |
|---|---|
| instanceOf |
Sixth Amendment case
ⓘ
United States Supreme Court case ⓘ criminal procedure case ⓘ |
| appliesTo | post-indictment lineups ⓘ |
| areaOfLaw |
constitutional law
ⓘ
criminal law ⓘ criminal procedure ⓘ |
| argued |
1967-03-13
ⓘ
1967-03-14 ⓘ |
| citation | 388 U.S. 263 ⓘ |
| clarifiedDoctrine | scope of Sixth Amendment right to counsel ⓘ |
| constitutionalProvision | Sixth Amendment to the United States Constitution NERFINISHED ⓘ |
| country |
United States of America
ⓘ
surface form:
United States
|
| court | Supreme Court of the United States ⓘ |
| courtTerm | October Term 1966 ⓘ |
| decidedWith | United States v. Wade NERFINISHED ⓘ |
| decisionDate | 1967-06-12 ⓘ |
| defendant | Gilbert NERFINISHED ⓘ |
| dissentingOpinionBy |
Justice Hugo L. Black
NERFINISHED
ⓘ
Justice John M. Harlan II NERFINISHED ⓘ Justice Potter Stewart NERFINISHED ⓘ |
| fullCaseName | Gilbert v. California NERFINISHED ⓘ |
| holding |
A post-indictment pretrial lineup is a critical stage of the prosecution at which the accused is entitled to the assistance of counsel under the Sixth Amendment.
ⓘ
Admission of testimony about an out-of-court lineup identification conducted without counsel present violates the defendant’s Sixth Amendment right to counsel. ⓘ In-court identifications following an unconstitutional lineup must be excluded unless the prosecution shows by clear and convincing evidence that the in-court identification has an independent source. ⓘ |
| joinedByInMajority |
Chief Justice Earl Warren
NERFINISHED
ⓘ
Justice Abe Fortas NERFINISHED ⓘ Justice Thurgood Marshall NERFINISHED ⓘ Justice William J. Brennan Jr. NERFINISHED ⓘ Justice William O. Douglas NERFINISHED ⓘ |
| jurisdiction | federal ⓘ |
| languageOfDecision | English ⓘ |
| legalIssue | right to counsel at post-indictment lineup ⓘ |
| majorityOpinionBy | Justice Byron White NERFINISHED ⓘ |
| page | 263 ⓘ |
| precedentFor | right to counsel in identification procedures ⓘ |
| relatedCase |
Stovall v. Denno
NERFINISHED
ⓘ
United States v. Wade NERFINISHED ⓘ |
| reporter | United States Reports ⓘ |
| result | conviction partially reversed and remanded ⓘ |
| stateParty | California NERFINISHED ⓘ |
| volume | 388 ⓘ |
| yearDecided | 1967 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.