holding that "a voluntary statement obtained in violation of a defendant's Six th Amendment right to counsel may be used at trial to impeach the contrary or inconsistent testimony of that defendant"
How later courts described this case
- holding that "a voluntary statement obtained in violation of a defendant's Six th Amendment right to counsel may be used at trial to impeach the contrary or inconsistent testimony of that defendant"
- holding that detention pursuant to a search warrant is insufficient to make subsequent statements involuntary
- allowing impeachment use of voluntary *525 statement despite failure to observe invoked right to counsel
- allowing impeachment use of voluntary statement despite failure to observe invoked right to counsel
Written by the judges who cited it.
The opinion
MACK, Associate Judge, Retired,
dissenting:
I would apply the holding of the Second Circuit in United States v. Brown, 699 F.2d 585, 588-591 (2d Cir.1983), and reverse appellant’s conviction on the ground that his statement was erroneously admitted to impeach his testimony, in violation of his Sixth Amendment right to counsel.