Right to an Attorney | Facts: Several weeks after Wade's indictment for robbery of a federally insured bank and for conspiracy, he was, without notice to his appointed counsel, placed in a lineup in which each person wore strips of tape on his face, as the robber had allegedly done, and on direction, repeated words like those the robber had allegedly used. Two bank employees identified Wade as the robber. At the trial, when asked if the robber was in the courtroom, the identified Wade. The prior lineup identifications were elicited on cross-examination. Urging that the conduct of the lineup violated his Fifth Amendment privilege against self-incrimination and his Sixth Amendment right to counsel, Wade filed a motion for a judgment of acquittal, or, alternatively, for a ruling to strike the courtroom identifications. The trial court denied the motions and Wade was convicted. | Issue: Are courtroom identifications of an accused at trial to be excluded from evidence because the accused was exhibited to the witnesses before trial at a postindictment lineup conducted for identification purposes without notice to and in the absence of the accused's appointed counsel? | Decision: In-court identification by a witness to whom the accused was exhibited before trial in the absence of counsel must be excluded, unless proof can be shown that such evidence had an independent origin or that error in its admission was harmless beyond a reasonable doubt.

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1. Right to an Attorney | Facts: Several weeks after Wade's indictment for robbery of a federally insured bank and for conspiracy, he was, without notice to his appointed counsel, placed in a lineup in which each person wore strips of tape on his face, as the robber had allegedly done, and on direction, repeated words like those the robber had allegedly used. Two bank employees identified Wade as the robber. At the trial, when asked if the robber was in the courtroom, the identified Wade. The prior lineup identifications were elicited on cross-examination. Urging that the conduct of the lineup violated his Fifth Amendment privilege against self-incrimination and his Sixth Amendment right to counsel, Wade filed a motion for a judgment of acquittal, or, alternatively, for a ruling to strike the courtroom identifications. The trial court denied the motions and Wade was convicted. | Issue: Are courtroom identifications of an accused at trial to be excluded from evidence because the accused was exhibited to the witnesses before trial at a postindictment lineup conducted for identification purposes without notice to and in the absence of the accused's appointed counsel? | Decision: In-court identification by a witness to whom the accused was exhibited before trial in the absence of counsel must be excluded, unless proof can be shown that such evidence had an independent origin or that error in its admission was harmless beyond a reasonable doubt.