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.

All labels observed (1)

Label Occurrences
Kirby v. Illinois canonical 2

How this entity was disambiguated

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.
William O. Douglas
constitutionalProvision Sixth Amendment to the United States Constitution
country United States
court Supreme Court of the United States
decidedUnder Sixth Amendment right to counsel doctrine
decisionDate 1972
dissentBy Byron R. White
Thurgood Marshall
William H. Rehnquist
distinguishedFrom Gilbert v. California
Stovall v. Denno
United States v. Wade
effect Limited the scope of the Sixth Amendment right to counsel in identification procedures
fullCaseName Kirby v. Illinois
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
opinionType plurality opinion
page 682
pluralityJustices Harry A. Blackmun
Lewis F. Powell Jr.
Potter Stewart
Warren E. Burger
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
Miranda v. Arizona
United States v. Wade
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

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Moore v. Illinois relatedCase Kirby v. Illinois
Kirby v. Illinois fullCaseName Kirby v. Illinois