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Kirby v. Illinois
United States Supreme Court
406 U.S. 682 (1972)
- Written by DeAnna Swearingen, LLM
Facts
Kirby and Bean (defendants) were arrested for robbing Willie Shard. After the arrest, police brought Shard to the station for a showup identification. Shard identified Kirby and Bean as the robbers. Kirby and Bean had not been told that they had a right to an attorney or requested counsel. Kirby and Bean made a pretrial motion to suppress Shard’s testimony. The trial court denied the motion. Shard testified about the original identification and identified Kirby and Bean in court as the perpetrators. Kirby and Bean were convicted by a jury, and Kirby’s conviction was upheld on appeal. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Stewart, J.)
Concurrence (Powell, J.)
Dissent (Brennan, J.)
Dissent (White, J.)
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