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United States v. Ash | 413 U.S. 300 (1973)
The Sixth Amendment guarantees several rights to those accused in criminal prosecutions. But what constitutes a criminal prosecution? The United States Supreme Court considered that question in the 1973 case of United States versus Ash.
Federal agents suspected Charles Ash of a Washington, D.C., bank robbery in which two robbers had worn stocking masks. The agents showed black-and-white mug shots of five men, including Ash, to four witnesses. All four identified Ash but weren’t sure about their identifications. At the time, Ash wasn’t in custody and hadn’t been charged.
Ash and co-defendant John Bailey were charged with the robbery. Eventually, trial was set for almost three years after the robbery. Shortly before trial, the four witnesses were shown a lineup of five color pictures. Three witnesses identified Ash, and one couldn’t identify him. None of the four identified Bailey.
At trial, three witnesses identified Ash but weren’t certain of the identification. None of the three identified Bailey. A fourth witness, who’d been outside the bank and who’d seen the fleeing robbers remove their masks, positively identified both Ash and Bailey.
Ash was convicted, and Bailey was acquitted. The court of appeals, after an en banc hearing, overturned Ash’s conviction, holding that his Sixth Amendment right to counsel was violated when Ash’s attorney wasn’t invited to observe the photographic lineups conducted just before trial. The United States Supreme Court granted the government’s cert petition.
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