People v. Nichols

I respectfully dissent from the majority opinion and would find no error concerning either the mysterious pictures or the equally mysterious shoe.

As regards the alleged photos, the majority opinion relies on two propositions. First, the photographing of defendants, after indictment and without counsel, infringes on defendants’ sixth amendment right to counsel. Second, since the in-court identification of defendants by the victims was crucial, the failure of counsel to fully investigate the alleged photo session denied defendants a fair trial. On the basis of the present record, I cannot agree…