Foster v. State

Banke, Judge.

This is the second appearance of this case before this court. On the first appearance, we vacated the defendant’s robbery conviction and remanded for a new hearing on his motion to exclude certain eyewitness-identification testimony. That motion was based on a contention that immediately prior to trial, a courtroom lineup was conducted to which defense counsel was not invited. Such a procedure would, of course, have constituted a denial of the defendant’s Sixth Amendment right to counsel. See Foster v. State, 156 Ga. App. 672 (2) (275 SE2d 745) (1980). The issues to be considered…