| Coleman v. Alabama | |
|---|---|
 Supreme Court of the United States | |
| Decided June 22, 1970 | |
| Full case name | Coleman v. Alabama |
| Citations | 399 U.S. 1 (more) |
| Holding | |
| A probable-cause hearing where a court decides whether there is sufficient evidence to present to a grand jury is a critical stage that attaches a Sixth Amendment right-to-counsel. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Brennan |
Coleman v. Alabama, 399 U.S. 1 (1970), was a criminal procedure case decided by the United States Supreme Court in 1970, in which the Court held that a probable-cause hearing where a court decides whether there is sufficient evidence to present to a grand jury is a critical stage that attaches a Sixth Amendment right-to-counsel.
Background
The petitioners in this case were accused of assault with intent to murder, and the prosecution used a witness identification as evidence. The victim testified that, "in the car lights," while "looking straight at him," he saw the petitioner who shot him, and saw the other petitioner "face to face." The victim also stated that he identified the gunman at the station house before the formal lineup began, and identified the other before he spoke the words used by the assailants. The petitioners conceded that United States v. Wade and Gilbert v. California were not retroactive, so the mere fact that the witness saw them before the lineup could not be used to exclude the identification. Instead, they challenged the evidence on the grounds that the court did not provide the petitioners with a lawyer during the hearing when the court considered admitting the witness identification as evidence. Eventually, the Supreme Court agreed that this was a violation of the Sixth Amendment.
Justice Blackmun took no part in the consideration or decision of the case.
References
- ^ Coleman v. Alabama, 399 U.S. 1 (1970)
- Lieberman, Jethro K. (1999). "Counsel, Assistance of". A Practical Companion to the Constitution. p. 128.
External links
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This article incorporates written opinion of a United States federal court. As a work of the U.S. federal government, the text is in the public domain. "he Court is unanimously of opinion that no reporter has or can have any copyright in the written opinions delivered by this Court." Wheaton v. Peters, 33 U.S. (8 Pet.) 591, 668 (1834)
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