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 4

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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
country United States
court Supreme Court of the United States
courtTerm October Term 1966
decidedWith United States v. Wade
decisionDate 1967-06-12
defendant Gilbert
dissentingOpinionBy Justice Hugo L. Black
linked to: Hugo L. Black

Justice John M. Harlan II
linked to: John M. Harlan II

Justice Potter Stewart
linked to: Potter Stewart
fullCaseName Gilbert v. California
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
linked to: Earl Warren

Justice Abe Fortas
linked to: Abe Fortas

Justice Thurgood Marshall
linked to: Thurgood Marshall

Justice William J. Brennan Jr.
Justice William O. Douglas
linked to: William O. Douglas
jurisdiction federal
languageOfDecision English
legalIssue right to counsel at post-indictment lineup
majorityOpinionBy Justice Byron White
linked to: Byron R. White
page 263
precedentFor right to counsel in identification procedures
relatedCase Stovall v. Denno
United States v. Wade
reporter United States Reports
result conviction partially reversed and remanded
stateParty California
linked to: California (state)
volume 388
yearDecided 1967

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Referenced by (4)

Full triples — surface form annotated when it differs from this entity's canonical label.

Moore v. Illinois relatedCase Gilbert v. California
United States v. Wade relatedCase Gilbert v. California
Gilbert v. California fullCaseName Gilbert v. California
Kirby v. Illinois distinguishedFrom Gilbert v. California