Jackson v. United States

GALLAGHER, Associate Judge:

We granted appellant’s petition for rehearing en banc to consider (1) whether a trial court order preventing appellant from consulting his attorney during a luncheon recess deprived him of the assistance of counsel guaranteed by the Sixth Amendment; and (2) whether the trial judge (a) erroneously denied without a hearing an oral motion to suppress lineup identification evidence and (b) improperly injected his *1203own views when instructing the jury.1 We reverse appellant’s conviction and remand for a new trial.2

I

Appellant was convicted by a jury of armed robbery,…