United States v. Wade

In United States v. Wade, 388 U.S. 218 (1967) the U.S. Supreme Court reversed the defendants' conviction of robbery and conspiracy and ordered a new trial because the lineup, which was held in the absence of defense counsel, violated defendant's Sixth Amendment right to the assistance of counsel. The Supreme Court held that in addition to counsel's presence at trial, the accused is guaranteed that he "need not stand alone against the State at any stage of the prosecution, formal or informal, in court or out, where counsel's absence might derogate from the accused's right to a fair trial." Id. at 226. The Court held that the Sixth Amendment guarantees an accused the right to counsel not only at his trial but at any critical stage of the prosecution where the results might well determine a defendant's fate and where the absence of counsel might impair his right to a fair trial. Id.