United States v. Henry case brief

United States v. Henry case brief summary
447 U.S. 264 (1980)

CASE SYNOPSIS

The government sought review of an order of the United States Circuit Court of Appeals for the Fourth Circuit, which concluded that defendant's Sixth Amendment right to assistance of counsel was violated by the admission at trial of incriminating statements made by defendant to his cellmate, an undisclosed government informant, after indictment and while defendant was in custody.

CASE FACTS
Defendant challenged the admission at trial of incriminating statements made by defendant to his cellmate, an paid undercover informant, after defendant was indicted and while he was in custody, on grounds that admission of the confession violated his Sixth Amendment right to assistance of counsel.

DISCUSSION

• The Court held that defendant's statements to a government informant should not have been admitted at trial because by intentionally creating a situation likely to induce the defendant to make incriminating statements without the assistance of counsel, the government had violated defendant's Sixth Amendment right to counsel. 
• The Court held that defendant's Sixth Amendment right to counsel had attached at the time he made the statements. 
• Further, the Court held that the government's specific mention of defendant to the undercover informant, who was paid on a contingency fee basis, constituted the type of affirmative steps to secure incriminating information from defendant outside the presence of his counsel prohibited by the Sixth Amendment.

CONCLUSION

The Court affirmed the lower court's order, which concluded that defendant's Sixth Amendment right to counsel had been violated by the admission of defendant's incriminating statements.

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