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United States Vs. Ash
Cites for this judgment
- US Supreme Court
- Jun 21, 1973
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U.S. 300 (1973) U.S. Supreme Court United States v. AshSearch
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U.S. 300 (1973) United States v. AshSearch
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he might be misled by his lack of familiarity with the law or overpowered by his professional adversary. United States v. WadeSearch
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displays conducted in May, 1968, before the trial. The majority relied on this Court's lineup cases, United States v. WadeSearch
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U. S. 218 (1967), and Gilbert v. CaliforniaSearch
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U. S. 263 (1967), and on Stovall v. DennoSearch
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between the purposes of the Sixth Amendment guarantee and the risks of a photographic identification. In Powell v. AlabamaSearch
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could consult counsel only on legal questions that the accused proposed to the court. See Powell v. AlabamaSearch
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is available to those in need of its assistance. See, for example, Gideon v. WainwrightSearch
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U. S. 335 , 372 U. S. 344 -345 (1963), and Argersinger v. HamlinSearch
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resulted with the creation of a professional prosecuting official. Mr. Justice Black, writing for the Court in Johnson v. ZerbstSearch
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birth initially to the right itself. Recent cases demonstrate the historical method of this expansion. In Hamilton v. AlabamaSearch
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U. S. 52 (1961), and in White v. MarylandSearch
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was confronted with the procedural system and was required, with definite consequences, to enter a plea. In Massiah v. UnitedSearch
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authorities who obtained, by ruse and in the absence of defense counsel, incriminating statements. In Coleman v. AlabamaSearch
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and could have sheltered him from the overreaching of the prosecution. 377 U.S. at 377 U. S. 205 . Cf. Miranda v. ArizonaSearch
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present his version effectively without giving up his privilege against compulsory self-incrimination. United States v. WadeSearch
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confrontation is conducted in the absence of counsel. Judge Friendly, writing for the Second Circuit in United States v. BennettSearch
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None of the classical analyses of the assistance to be given by counsel, Justice Sutherland's in Powell v. AlabamaSearch
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and Justice Black's in Johnson v. PageSearch
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U. S. 317 Zerbst . . . and Gideon v. WainwrightSearch
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has Page 413 U. S. 320 recognized that improved procedures can minimize the dangers of suggestion. Simmons v. UnitedSearch
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Berger v. UnitedSearch
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U. S. 87 -88 (1963). If that safeguard fails, review remains available under due process standards. See Giglio v. UnitedSearch
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U. S. 284 (1973). These same safeguard apply to misuse of photographs. See Simmons v. UnitedSearch
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respondent Ash has urged us to examine this photographic display under the due process standard enunciated in Simmons v. UnitedSearch
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F.2d 888, 898-900 (CA2), cert. denied sub nom. Haywood v. UnitedSearch
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Reed v. AndersonSearch
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United States v. CollinsSearch
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United States v. BalardSearch
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United States v. SerioSearch
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United States v. RobinsonSearch
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United States v. LongSearch
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Allen v. RhaySearch
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McGee v. UnitedSearch
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The en banc decision of the Third Circuit in Anderson overruled in part a panel decision in United States v. ZeilerSearch
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state courts. The majority view, as in the courts of appeals, rejects the claimed right to counsel. See, e.g., McGhee v. StateSearch
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State v. YehlingSearch
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People v. LawrenceSearch
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Reed v. StateSearch
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People v. HolidaySearch
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Baldwin v. StateSearch
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Commonwealth v. RossSearch
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Stevenson v. StateSearch
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State v. BrookinsSearch
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