Martinez v. United States

TERRY, Associate Judge:

Appellant Antonio Martinez and his brother, Geremias Martinez, were tried jointly for second-degree murder while armed.1 A jury acquitted appellant’s brother of all charges, but found appellant guilty of the lesser included offense of voluntary manslaughter while armed.2 At trial the court permitted the government, on cross-examination, to impeach appellant’s credibility with a prior inconsistent statement made by him to two police detectives. Appellant contends that the impeaching statement was elicited in violation of his Sixth Amendment right to counsel and therefore…