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Gilbert v. California | 388 U.S. 263 (1967)

In Gilbert versus California, the United States Supreme Court identified how to identify an unconstitutional lineup identification. The Court also identified how, despite the unconstitutional lineup, to possibly allow a witness to still be able to identify a defendant in court.

Two men robbed a Los Angeles bank, killing a responding police officer in the process. Officers shot and captured one of the robbers. Nearly two months later, police arrested Jesse James Gilbert for being the second robber.

Gilbert was indicted in state court for robbery and murder. The court also appointed him counsel. 16 days later, Los Angeles police placed Gilbert in a lineup with ten other prisoners. Several eyewitnesses identified Gilbert as one of the robbers, and eight other witnesses identified him as having committed other robberies. Gilbert’s attorney wasn’t notified of the lineup and wasn’t present when it occurred.

At Gilbert’s trial, three witnesses to the bank robbery identified Gilbert as one of the robbers, and they also admitted identifying him during the lineup. Gilbert’s objection to the identification testimony was overruled. Gilbert was convicted. During the penalty phase, eight different witnesses identified Gilbert both from the lineup and as the perpetrator of other robberies. Again, Gilbert’s objection was overruled. Gilbert was sentenced to be executed, and the California Supreme Court affirmed. The United States Supreme Court granted cert.

In United States versus Wade, decided the same day as Gilbert, the Supreme Court held that a police lineup, if conducted after the defendant is indicted, constitutes a critical stage of a criminal prosecution. And conducting such a lineup without giving the defendant’s attorney notice and the opportunity to participate violates the defendant’s Sixth Amendment right to counsel.

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