KIRBY v. ILLINOIS

No. 70-5061.

406 U.S. 682 (1972)

KIRBY v. ILLINOIS.

Supreme Court of United States.

Reargued March 20-21, 1972.

Decided June 7, 1972.


Attorney(s) appearing for the Case

Jerold S. Solovy argued the cause for petitioner on the reargument and Michael P. Seng argued the cause on the original argument. Messrs. Solovy and Seng were on the briefs for petitioner.

James B. Zagel, Assistant Attorney General of Illinois, reargued the cause for respondent. With him on the brief were William J. Scott, Attorney General, Joel M. Flaum, First Assistant Attorney General, and E. James Gildea, Assistant Attorney General.

Ronald M. George, Deputy Attorney General, argued the cause on the reargument for the State of California as amicus curiae urging affirmance. With him on the brief were Evelle J. Younger, Attorney General, and William E. James, Assistant Attorney General.


MR. JUSTICE STEWART announced the judgment of the Court and an opinion in which THE CHIEF JUSTICE, MR. JUSTICE BLACKMUN, and MR. JUSTICE REHNQUIST join.

In United States v. Wade, 388 U.S. 218, and Gilbert v. California, 388 U.S. 263, this Court held "that a post-indictment pretrial lineup at which the accused is exhibited to identifying witnesses is a critical stage of the...

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