United States v. Carl Will Sumlin

CELEBREZZE, Circuit Judge.

Appellant, Carl Will Sumlin, was found guilty by a jury of armed bank robbery, in violation of 18 U.S.C. § 2113(a)(d). He raises two principal issues on appeal. First, can a search and seizure pass constitutional muster when an otherwise valid third-person consent to the search was preceded by a refusal to such consent by the defendant? Second, was use at trial of Appellant’s incriminating statements precluded because he allegedly received ineffective assistance of counsel? For reasons stated below, we affirm.

On the afternoon of September 22, 1975, a branch of the…