Leland A. Jordan v. Kenneth Ducharme

The main issue we must decide in this case is whether the exclusion of an attorney from the witness preparation stage of a pretrial lineup violated the Sixth Amendment right to counsel. We find any constitutional error harmless and affirm the district court’s denial of Leland Jordan’s habe-as corpus petition.

I.

Responding to a radio broadcast about a wallet theft in the area and a description of the suspects, Seattle police stopped the car Jordan was driving. They found the stolen wallet in the passenger compartment, together with a knife and silver pistol. They arrested Jordan. A few weeks earlier, a series of armed robberies had occurred at several cash machines, gas stations and fast food restaurants throughout the city. Because he was not yet a suspect in these crimes, Jordan was eventually released. But, in the end, the investigation again led to Jordan and he was rearrested and charged with one count of robbery.

The police arranged a comprehensive lineup, calling 33 witnesses involved in 11 separate incidents. Of these witnesses, 11 identified three different suspects, including Jordan. In the final amended information, the state charged Jordan with six counts of first…