This section contains the nature of the case and procedural background.

Harris (D) was arrested and charged with robbing a bank. His court-appointed attorney requested and was granted permission to withdraw as his counsel. Before he withdrew, he questioned a witness about whether he was sure that he had positively identified D. The witness replied that he had. D's ex-counsel didn't pursue this anymore before he withdrew. During the trial, that witness stated that he had positively identified D to his ex-counsel. This was allowed as evidence, and D was convicted of bank robbery. D appealed, claiming that these statements by his ex-counsel should not have been admitted.

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