Legal Opinion
State v. Bertha
Court of Appeals of North Carolina
Decided April 30, 1969No. 6926SC106PublishedCited by 11 opinions
1Opinion of the CourtBritt, J.
The first question presented by this appeal is whether the identification of the appellant in the absence of his counsel and without a formal lineup violated his constitutional rights.
The confrontation in this case occurred after 12 June 1967, the effective date of United States v. Wade, 388 U.S. 218, 87 S. Ct. 1926, 18 L. Ed. 2d 1149; Gilbert v. California, 388 U.S. 263, 87 S. Ct. 1951, 18 L. Ed. 2d 1178; Stovall v. Denno, 388 U.S. 293, 87 S. Ct. 1967, 18 L. Ed. 2d 1199.
As the Wade and Gilbert cases dealt with formal lineup situations, there has been some question as to the extent of…
2Cases cited9 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Stovall v. DennoSupreme Court of the United States · 1967
- Gilbert v. CaliforniaSupreme Court of the United States · 1967
- Willie Samuel Rivers v. United StatesCourt of Appeals for the Fifth Circuit · 1968
- State v. KellySupreme Court of North Carolina · 1955
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. FowlerCalifornia Supreme Court · 1969
- People v. RodriguezCalifornia Court of Appeal · 1970
- State v. WestryCourt of Appeals of North Carolina · 1972
- State v. GatlingCourt of Appeals of North Carolina · 1969
- State v. CowardSupreme Court of North Carolina · 1979
6 more not listed; retrieve them via the Exa API.