United States v. Marcum

I. Defense Counsel’s Release of Appellant’s Unsworn Written Statement

I disagree with the majority’s conclusion that defense counsel erred in releasing Appellant’s written statement. First, defense counsel’s declaration of intent to submit the exhibit as Appellant’s unsworn statement establishes that the statement was not privileged in the first place. Moreover, even assuming the statement was privileged, it is clear from the record that Appellant himself waived the privilege, as well as impliedly authorized defense counsel to waive the privilege and release the statement on Appellant’s…