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Brief Fact Summary. Willie Shard (“Mr. Shard”) had his wallet stolen while on the street in Chicago. Police arrested two men in connection with a separate offense and brought them to the police station. The police learned of the offense against Mr. Shard only upon arriving at the station.
Illinois, 378 U. S. 478, we drew upon the rationale of Hamilton and Massiah in holding that the right to counsel was guaranteed at the point where the accused, prior to arraignment, was subjected to secret interrogation despite repeated requests to see his lawyer. We again noted the necessity of counsel's presence if the accused was to have a ...
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. [1]
Willie Shard reported to Chicago police that he had been robbed by two men, one of whom was later identified as the petitioner, Kirby. Kirby and his companion were stopped by police, found with items belonging to Shard, and arrested.
Facts of the case. William Shard reported to the Chicago police that two men stole his wallet. The wallet contained traveler’s checks and his social security card, among other things. The next day, two police officers stopped Thomas Kirby and his friend, Ralph Bean.
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 the defendants as the robbers. Kirby and Bean had not been told that they had a right to an attorney or requested counsel.
Kirby v. Illinois Case Brief Summary: Willie Shard was convicted of robbery, and the issue is whether his identification from a lineup before being charged violates his right to counsel.
