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Kirby v. Illinois

406 U.S. 682 · Decided June 7, 1972 · Supreme Court of the United States

Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.

At a glance

Kirby v. Illinois was decided on June 7, 1972 by a vote of 5–4. The Court affirmed the lower court's decision. Justice Potter Stewart wrote the opinion announcing the judgment of the Court. SCDB classifies its main issue as “Line-up identification” in the Criminal Procedure area.

Read the opinion

Case details

Citations
406 U.S. 682 · 92 S. Ct. 1877 · 32 L. Ed. 2d 411 · 1972 U.S. LEXIS 49
Docket number
70-5061
Decided
June 7, 1972
Argued
November 11, 1971
Reargued
March 20, 1972
Court era
Burger Court
Decision type
Judgment of the Court (orally argued)
Disposition
Affirmed
Outcome for petitioner
The petitioning party did not receive a favorable disposition
Vote
5–4
Majority opinion
Potter Stewart
Opinion assigned by
Warren E. Burger
How the case arrived
Certiorari
Legal provision
Sixth Amendment (right to counsel)
Type of law
Constitutional amendment
Decision direction (SCDB)
Conservative what this means

How the Justices voted

JusticeVoteSeparate writing
Justice William O. DouglasDissent
Justice William J. Brennan Jr.DissentWrote an opinion
Justice Potter StewartJudgment of the CourtWrote an opinion
Justice Byron R. WhiteDissentWrote an opinion
Justice Thurgood MarshallDissent
Chief Justice Warren E. BurgerConcurrenceWrote an opinion
Justice Harry A. BlackmunMajority
Justice Lewis F. Powell Jr.Special concurrenceWrote an opinion
Justice William H. RehnquistMajority

Full case caption

Kirby v. Illinois

SCDB identifiers: case 1971-126, docket 1971-126-01.

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Cases on the same legal provision: Sixth Amendment (right to counsel)

Same Term, same area (Criminal Procedure)

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Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error