United States v. Wade

United States v. Wade
Argued February 16, 1967
Decided June 12, 1967
Full case nameUnited States v. Billy Joe Wade
Citations388 U.S. 218 (more)
87 S. Ct. 1926; 18 L. Ed. 2d 1149; 1967 U.S. LEXIS 1085
Case history
PriorDefendant convicted, United States District Court for the Eastern District of Texas; reversed, 358 F.2d 557 (5th Cir. 1966); cert granted, 87 S.Ct. 81 (1966)
Holding
A post-indictment lineup in the absence of counsel was a violation of the Sixth Amendment.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Potter Stewart
Byron White · Abe Fortas
Case opinions
MajorityBrennan, joined by Clark (in full); Warren, Douglas, Fortas (all but Part I); Harlan, Stewart, White (Parts I and III)
ConcurrenceClark
Concur/dissentWarren
Concur/dissentBlack
Concur/dissentDouglas
Concur/dissentWhite, joined by Harlan, Stewart
Concur/dissentFortas, joined by Warren, Douglas
Laws applied
U.S. Const. amend. VI

United States v. Wade, 388 U.S. 218 (1967), was a case decided by the Supreme Court of the United States that held that a criminal defendant has a Sixth Amendment right to counsel at a lineup held after indictment.