United States v. Bobby Eugene Harden

STEPHENSON, Circuit Judge.

Defendant’s appeal from a jury conviction upon the charges of bank robbery (18 U.S.C. § 2113(d)) and the Dyer Act (18 U.S.C. § 2312) 1 raises the question of whether statements made by appellant shortly after arrest were im properly admitted into evidence because (1) the government failed to establish that appellant knowingly and intelligently waived his right to counsel, the Court having applied the wrong test in determining that issue, and (2) appellant’s statements were involuntary since they were made under the influence of drugs and under duress.

Appellant’s…