Kirby v. Illinois
E912663
Kirby v. Illinois is a 1972 U.S. Supreme Court decision that limited the Sixth Amendment right to counsel by holding it does not apply to pre-indictment identification procedures such as police lineups.
Statements (49)
| Predicate | Object |
|---|---|
| instanceOf |
Sixth Amendment case
ⓘ
United States Supreme Court case ⓘ criminal procedure case ⓘ |
| areaOfLaw |
eyewitness identification
ⓘ
right to counsel ⓘ |
| citation | 406 U.S. 682 ⓘ |
| concurrenceBy |
William J. Brennan Jr.
NERFINISHED
ⓘ
William O. Douglas NERFINISHED ⓘ |
| constitutionalProvision | Sixth Amendment to the United States Constitution NERFINISHED ⓘ |
| country |
United States of America
ⓘ
surface form:
United States
|
| court | Supreme Court of the United States ⓘ |
| decidedUnder | Sixth Amendment right to counsel doctrine ⓘ |
| decisionDate | 1972 ⓘ |
| dissentBy |
Byron R. White
NERFINISHED
ⓘ
Thurgood Marshall NERFINISHED ⓘ William H. Rehnquist NERFINISHED ⓘ |
| distinguishedFrom |
Gilbert v. California
NERFINISHED
ⓘ
Stovall v. Denno NERFINISHED ⓘ United States v. Wade NERFINISHED ⓘ |
| effect | Limited the scope of the Sixth Amendment right to counsel in identification procedures ⓘ |
| fullCaseName | Kirby v. Illinois NERFINISHED ⓘ |
| holding |
The Sixth Amendment right to counsel does not attach to pre-indictment identification procedures such as police lineups
ⓘ
The right to counsel under the Sixth Amendment attaches only at or after the initiation of adversary judicial criminal proceedings ⓘ |
| issue | Whether the Sixth Amendment right to counsel applies to pre-indictment police lineups ⓘ |
| jurisdiction | federal ⓘ |
| language | English ⓘ |
| legalSubject |
constitutional law
ⓘ
criminal law ⓘ criminal procedure ⓘ |
| majorityBy | Potter Stewart NERFINISHED ⓘ |
| opinionType | plurality opinion ⓘ |
| page | 682 ⓘ |
| pluralityJustices |
Harry A. Blackmun
NERFINISHED
ⓘ
Lewis F. Powell Jr. NERFINISHED ⓘ Potter Stewart NERFINISHED ⓘ Warren E. Burger NERFINISHED ⓘ |
| precedentStatus | binding precedent in the United States federal courts ⓘ |
| proceduralPosture | Review of a state criminal conviction involving a pre-indictment lineup ⓘ |
| relatedTo |
Escobedo v. Illinois
NERFINISHED
ⓘ
Miranda v. Arizona NERFINISHED ⓘ United States v. Wade NERFINISHED ⓘ |
| reporter | United States Reports ⓘ |
| result | Judgment of the Illinois courts affirmed ⓘ |
| subjectOf |
casebooks on criminal procedure
ⓘ
legal scholarship on the right to counsel ⓘ |
| term | 1971 Term ⓘ |
| timeframeOfEvents | pre-indictment stage of criminal proceedings ⓘ |
| volume | 406 ⓘ |
| yearDecided | 1972 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.