Pretrial ID & Pre Trial Procedures

Question 1

Pretrial Identification - Denial of right to counsel

Answer 1

Post-charge lineups and showups (one on one) give rise to right of counsel.
- NO RIGHT for photographs *

Other stages without a right to counsel

1. Taking blood samples
2. taking handwriting samples
3. taking fingerprints
4. pre-charge lineups
5. brief recess during D’s testimony at trial
6. Parole and probation revocation proceedings

Question 2

Pretrial Identification - denial of due process

Answer 2

A pretrial identification is so “unnecessarily suggestive” and so substantially likely to produce “misidientification”

The remedy (also for denial of right to counsel) is to exclude the in-court ID. Unless State can show an adequate "independent source" for that in-court ID. 
- common independent source - is victim or witness had an adequate opportunity to observe the D at the time of the crime

Question 3

Pretrial Procedures: Bail

Answer 3

Bail issues are immediately appealable.

Preventative detention is constitutional.

Question 4

Pretrial Procedures: Grand Jury

Answer 4

Exclusion does NOT apply to grand juries. So, a grand jury witness may be compelled to testify on illegally seized evidence.

Proceedings are secret. D has no right to appear, no right to send witnesses.

Question 5

Prosecutorial Duty

Answer 5

If prosecutor fails to disclose evidence, either willfully or inadvertently, it violates Due process clause and may be ground for reversal.

• conviction will reverse if evidence is (1) favorable to D and (2) prejudice has resulted. (result would have been different if info was disclosed)