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Barry Participated in a Lineup at a Stage in the Criminal

question 38

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Barry participated in a lineup at a stage in the criminal process where his right to counsel would have attached. However, at the time, Barry was not afforded legal representation nor did he waive his right to have one present at the lineup. The prosecutor intends to use the outcome of the lineup-which resulted in the victim identifying Barry as the perpetrator-at trial. Barry's attorney objects to the introduction of the lineup results. How will the court rule?


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