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
- Issue (SCDB)
- Line-up identification
- Issue area
- Criminal Procedure
- Legal provision
- Sixth Amendment (right to counsel)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William O. Douglas | Dissent | |
| Justice William J. Brennan Jr. | Dissent | Wrote an opinion |
| Justice Potter Stewart | Judgment of the Court | Wrote an opinion |
| Justice Byron R. White | Dissent | Wrote an opinion |
| Justice Thurgood Marshall | Dissent | |
| Chief Justice Warren E. Burger | Concurrence | Wrote an opinion |
| Justice Harry A. Blackmun | Majority | |
| Justice Lewis F. Powell Jr. | Special concurrence | Wrote an opinion |
| Justice William H. Rehnquist | Majority |
Full case caption
Kirby v. Illinois
SCDB identifiers: case 1971-126, docket 1971-126-01.
Related decisions
Other cases on “Line-up identification”
- United States v. Ash
- Foster v. California
- Biggers v. Tennessee
- United States v. Wade
- Gilbert v. California
- Stovall v. Denno
Cases on the same legal provision: Sixth Amendment (right to counsel)
- Argersinger v. Hamlin
- United States v. Tucker
- Gagnon v. ScarpelliLaw held unconstitutional
- Coleman v. Alabama
- Faretta v. California
- Herring v. New YorkLaw held unconstitutional
Same Term, same area (Criminal Procedure)
- Harris v. Washington
- Cruz v. Hauck
- Wilwording v. Swenson
- Santobello v. New York
- Picard v. Connor
- United States v. Campos-Serrano
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