Larsen v. Illinois

Mr. Justice White, with whom Mr. Justice Brennan joins,

dissenting.

In United States v. Wade, 388 U. S. 218 (1967), this Court held that a postindictment lineup is a critical prosecutive stage in which an accused is entitled to have counsel present under the Sixth Amendment. In reliance on Wade the highest court of the State of New York has held that a pretrial psychiatric examination is also a critical stage in which the accused has a right to have defense counsel present. Lee v. County Court, 27 N. Y. 2d 432, 267 N. E. 2d 452, cert. denied, 404 U. S. 823 (1971). Accord, State v. Corbin, 15…