United States v. Calvin Demonsier Clements

I respectfully dissent from that portion of the majority opinion holding that this case must be remanded to the district court for a determination of whether Clements’ confession and his consent to a search for the rifle were obtained prior to his being informed of the indictment.

I

Before discussing the new rule which the majority opinion establishes on waiver of a defendant’s sixth amendment right to counsel, I would point out that, even if the introduction of Clements’ confession and the rifle violated his right to counsel, the introduction of this evidence was harmless error because both…