Where a Defendant Has Been Denied His or Her Sixth

Where a defendant has been denied his or her Sixth Amendment right to counsel during a post-indictment pretrial lineup the court will:

A) Automatically reverse the conviction.
B) Automatically order a new trial.
C) First give the government the opportunity to establish by clear and convincing evidence that the pretrial lineup was not unnecessarily suggestive.
D) First give the government the opportunity to establish by clear and convincing evidence that the in-court identification was based upon an independent source.