Section 10.10 Notice of Lineup

• Library: Criminal Practice 2012 Supp

3. (§10.10) Notice of Lineup

The defendant and defendant’s counsel must be notified of the impending post-indictment lineup, and counsel’s presence is a requisite. See United States v. Wade, 388 U.S. 218 (1967) (§10.5, supra).

The fact that a defendant may be represented by counsel on other charges does not infer an attachment of the Wade right to counsel on the new charge. State v. Montgomery, 596 S.W.2d 735 (Mo. App. E.D. 1980).

But if defendant’s counsel is not notified...