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

How this entity was disambiguated

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 ⓘ

How these facts were elicited

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 ⓘ