United States v. Howard Brown and Alexander Bishop

Although I agree with my colleagues that Agent Shea’s questioning of appellant Brown subsequent to Brown’s indictment violated his Sixth Amendment right to the assistance of counsel, see United States v. Henry, 447 U.S. 264, 269-75, 100 S.Ct. 2183, 2186-89, 65 L.Ed.2d 115 (1980), I disagree with their conclusion concerning the harm that resulted. The explanation for my differing view requires a more extensive discussion of the facts than appears in the majority opinion.

*595Maxine Williams, who was an admitted participant in the bank robbery and who was identifiable as such in the bank…