Hugo Black

“ But just as nothing said in our previous opinions 'links the right to counsel only to protection of Fifth Amendment rights,' United States v. Wade, ante, 388 U.S., at 226, 87 S.Ct., at 1932, nothing has been said which justifies linking the right to counsel only to the protection of other Sixth Amendment rights. ”

“ As to both the State's case and Gilbert's defense, the handwriting exemplars were just as important as the lineup and perhaps more so, for handwriting analysis, being, as the Court notes, 'scientific' and 'systematized,' United States v. Wade, 388 U.S., at 227, 87 S.Ct., at 1932, may carry much more weight with the jury than any kind of lineup identification. The Court, however, suggests that absence of counsel when handwriting exemplars are obtained will not impair the right of cross-examination at trial. ”

“ The Court rejects Gilbert's right-to-counsel contention in connection with the handwriting exemplars on the ground that the taking of the exemplars 'was not a 'critical' stage of the criminal proceedings entitling petitioner to the assistance of counsel.' In all reality, however, it was one of the most 'critical' stages of the government proceedings that ended in Gilbert's conviction. ”