In what circumstances will counsel's failure to seek a Wade hearing be held to deny effective assistance of counsel?

MultiRegion, United States of America

The following excerpt is from Twitty v. Smith, 614 F.2d 325 (2nd Cir. 1979):

12 The circumstances in Saltys v. Adams, supra, in which counsel's failure to seek a Wade hearing was held to deny effective assistance of counsel, were quite different. There, the eyewitnesses had been shown several photographic arrays, the last of which was followed by their viewing the defendant in a detention area of the police station. The pretrial identifications themselves were admitted into evidence, and the challenged identifications were the only evidence connecting the defendant with the crime.

13 See note 5 supra.

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