People v. WhiteAnnotate this Case
Defendant, convicted of first degree murder for a 2003 shooting death, was sentenced to 55 years' imprisonment. On appeal, his arguments included denial of Sixth Amendment right to counsel because police barred his attorney from observing witnesses during a lineup. The appellate court affirmed, finding the evidence closely balanced and applying plain-error analysis. The highest court affirmed after holding that the matter was not within the purview of plain-error review and the evidence was not closely balanced. Even if the right to counsel had attached at the time of the line-up, given the overwhelming evidence of guilt in the record, the defendant could not show prejudice. The record was undeveloped on the issue of whether defendant was entitled to counsel at the line-up, because the issue was not raised at trial.