Kirby v. Illinois
| Kirby v. Illinois | |
|---|---|
| Argued November 11, 1971 Decided June 7, 1972 | |
| Full case name | Thomas Kirby v. State of Illinois |
| Citations | 406 U.S. 682 (more) 92 S.Ct. 1877; 32 L. Ed. 2d 411 |
| Case history | |
| Prior | Defendants convicted, Cook County, Illinois Circuit Court; affirmed, Appellate Court of Illinois, First District, 121 Ill. App. 2d 323 (1971); cert. granted, 402 U.S. 995 (1971). |
| Holding | |
| Pre-indictment showup without counsel was not a violation of the Sixth Amendment right to counsel because the criminal prosecution had not yet begun. | |
| Court membership | |
| |
| Case opinions | |
| Plurality | Stewart, joined by Burger, Blackmun, Rehnquist |
| Concurrence | Burger |
| Concurrence | Powell (in result) |
| Dissent | Brennan, joined by Douglas, Marshall |
| Dissent | White |
| Laws applied | |
| U.S. Const. amend. VI | |
Kirby v. Illinois, 406 U.S. 682 (1972), was a case decided by the Supreme Court of the United States that held that the Sixth Amendment right to counsel did not attach during a pre-indictment identification.