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Criminal Procedure - Right To Counsel - Indentification Evidence, Marcia I. Lappas

Duquesne Law Review

The Court of Appeals for the Third Circuit, by extending the rule of United States v. Wade, has held that an accused who is in custody has a right to counsel at pre-trial photographic identifications; that evidence of such out-of-court identifications conducted in the absence of the accused's counsel is not admissible at trial; and that the eyewitnesses in question are not competent to make in-court identifications.

United States v. Zeiler, 427 F.2d 1305 (3d Cir. 1970).

Over a period of more than five years, the Pittsburgh area was the victim of a series of bank robberies, all …

Criminal Procedure - Plea Bargaining, Stanley M. Stein

Duquesne Law Review

The Supreme Court of Pennsylvania has held that any participation by a trial judge in the plea bargaining process prior to trial is forbidden.

Commonwealth v. Evans, 434 Pa. 52, 252 A.2d 689 (1969).