Kelly was indicted for her role in a home invasion robbery. Following her indictment, Kelly learned that the police presented the victim with a photographic display, from which the victim identified Kelly. Kelly's claim that her Sixth Amendment right to counsel was violated will be successful, and the identification will be inadmissible.

Question

Quizplus · Accepted Answer

The Sixth Amendment right to counsel does not apply to pre-indictment photographic identifications. Since the identification occurred before Kelly's indictment, her right to counsel was not violated.

Kelly Was Indicted for Her Role in a Home Invasion