U.S. v. West

In prosecution on armed bank robbery charge, Dist. Ct. erred in permitting two alleged witnesses of bank robbery to make in-court identifications after determining that prior in-custody lineup in which said witnesses identified defendant as culprit had violated defendant's Sixth Amendment rights because lineup had been conducted in absence of counsel for defendant. While Dist. Ct. indicated that subject lineup was not unduly suggestive, remand was required since Dist. Ct. had failed to make specific findings of fact as to admissibility of witnesses' in-court identifications as required by Wade, 388 US 218.