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 ⓘ