(DOWNLOAD) "Robbins v. State Indiana" by Supreme Court of Indiana No. 1267S136. # Book PDF Kindle ePub Free
eBook details
- Title: Robbins v. State Indiana
- Author : Supreme Court of Indiana No. 1267S136.
- Release Date : January 09, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
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HUNTER, J. ON PETITION FOR REHEARING - The only issue in the appellant's petition for rehearing that was not fully considered
and discussed in the original opinion relates to the alleged denial to the accused of his right to counsel at every stage
of the proceedings. When the appellant was arrested on December 29, 1966, he was taken from his home to General Hospital before
being taken to the police station, in order that the victim "could view him for identification purposes." The appellant now
contends that he was denied a right to counsel when this identification was made at the hospital by the prosecutrix. Recent
decisions have indicated that an accused does have a right to counsel at an "identification parade" or "show up." United States
v. Wade (1967), 388 U.S. 218; Gilbert v. California (1967), 388 U.S. 263. We do not need to determine whether the Wade or Gilbert decisions would apply to the facts of this case as we feel the appellant
has waived this objection. (1) In the case at bar, counsel for appellant made no objection to any testimony at the trial relating
to his identification by the prosecutrix either at the trial or at the hospital.(2) The only objection made by the appellant
in his motion for new trial which even mentions the right to counsel reads as follows: