United States v. Ash, 413 U.S. 300 (1973)

Facts

A robbery was committed at a bank by a man wearing a stocking mask, waiving a pistol, and another entered, gathering the money.  An informer told authorities that he had discussed the robbery with Ash and photos, including one of Ash, were shown to four witnesses.  All four made uncertain identifications.  In preparation for trial, the witnesses were shown a photographic display to determine whether the witnesses could make in-court identifications.

Procedural History

The Court of Appeals held that Ash’s right to counsel was violated when his attorney was not given the opportunity to be present at the photographic displays.

Issue(s)

Did the Court of Appeals err in finding that Ash’s Sixth Amendment rights had been violated?

Holding(s)

Yes.

Reasoning/Analysis

The Court found that Wade recognized times where the subsequent trial would cure a one-sided confrontation between prosecuting authorities and an uncounseled defendant.  Such stages were not critical.  Since the accused himself is not present at the time of the photographic display, no liability arises that the accused might be misled by his lack of familiarity with the law or overpowered by his professional adversary.  We are not persuaded that the risks inherent in the use of photographic displays are so pernicious that an extraordinary system of safeguards is required.

Judgment/Outcome

The Court reversed and remanded the judgment of the Court of Appeals.