What is the current state of the law on whether statements made by an accused without a lawyer are admissible or admissible in a subsequent trial?

The issue raised by appellant's claim falls between two settled principles of Sixth Amendment jurisprudence. Under United States v. Massiah, supra, once the right to counsel has attached by the filing of a formal charge, any incriminating statements concerning the charge that the state knowingly elicits from the accused without counsel present are inadmissible at trial. At the same time, courts have recognized that merely because the right to counsel has attached with regard to one charge, a defendant should not be immunized from investigation of other criminal conduct committed thereafter. Therefore, where the post-indictment statements elicited in the absence of counsel concern a new (i.e., as yet uncharged) crime, those statements are admissible in a subsequent trial on the new crime. See United States v. Hinton, 543 F.2d 1002, 1015 (2d Cir.), cert. denied, 429 U.S. 980, 97 S.Ct. 493, 50 L.Ed.2d 589 and 429 U.S. 1051, 97 S.Ct. 764, 50 L.Ed.2d 767 (1976), and 429 U.S. 1066, 97 S.Ct. 796, 50 L.Ed.2d 783 and 430 U.S. 982, 97 S.Ct. 1677, 52 L.Ed.2d 376 (1977); see also United States v. Capo, 693 F.2d 1330, 1339 (11th Cir.1982) (statements concerning conspiracy to possess narcotics made after indictment for possession of narcotics held admissible in trial on indictment for conspiracy), cert. denied, 460 U.S. 1092, 103 S.Ct. 1793, 76 L.Ed.2d 359 (1983); United States v. Missler, 414 F.2d 1293, 1303 (4th Cir.1969) (statements elicited after indictment for hijacking admissible in a trial for obstruction of justice), cert. denied, 397 U.S. 913, 90 S.Ct. 912, 25 L.Ed.2d 93 (1970).