United States v. Ash
United States Supreme Court
413 U.S. 300 (1973)
Relevant factsFree
After witnesses identified Ash (defendant) in a pre-indictment photo lineup, he was indicted, and the prosecutor later conducted a second photo lineup without defense counsel present to gauge whether witnesses could still identify Ash before trial; Ash argued this post-indictment photo identification, conducted without his attorney present, violated his Sixth Amendment right to counsel.
IssueFree
Whether, under the Sixth Amendment, police may conduct a post-indictment photo lineup outside the presence of counsel.