People v. Hallaway

I concur with the order reversing and remanding the case for a new trial. Regarding the second issue I concur in part and dissent in part.

I concur with Justice Brennan’s application of the Wade -Gilbert -Stovall cdses to the question of the defendant’s right to counsel at the showup. I would only mention separately here that the differences between Wade and Gilbert are more dramatic than what is suggested by Justice Brennan when he says:

"The Wade case in essence holds that a post indictment pretrial lineup is a critical stage of a criminal prosecution, to which the Sixth Amendment right to…