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596 F.2d 389

Docket No. 77-4004.

United States v. Crowhurst

Ninth Circuit Court of Appeals

Decided May 7, 1979.

Ninth Circuit Court of Appeals · decided 1979-05-07

Cited by 19 later decisions — most recently January 2008

15 federal appellate · 1 district ·

2 counsel of record

Key passage — most relied on by later courts

“must specifically be made aware of the charges and their possible penalties and sanctions”

quoted by 2 later decisions, including United States v. Kimmel, United States of America v. Pedro Hernandez

Applies 26 U.S.C. § 7203 · 26 U.S.C. § 7206

Relies on United States v. Dujanovic · Cooley v. United States · United States v. Aponte

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1979-05-07

View the full empirical analysis of this case →

¶1*390Norman H. Crowhurst, pro se.

¶2Ronald Hovet, Asst. U. S. Atty., Portland, Or., for plaintiff-appellee.

¶3Before SMITH,* ELY, and CARTER, Circuit Judges.

¶5PER CURIAM:

¶6On March 8,1977, a five-count indictment was returned against Crowhurst, the appellant. Counts I and II charged Crowhurst with the willful filing of false tax returns in 1970 and 1971, 26 U.S.C. § 7206(1), and Counts III, IV, and V charged willful failure to file income tax returns for the years 1972, 1973, and 1974, 26 U.S.C. § 7203. In July, 1977, Crowhurst was convicted on all counts after a trial before a jury. We reverse.

¶7The most critical issue here is whether Crowhurst knowingly, competently, and intelligently waived his right to counsel before electing to represent himself. The record, as supplemented by Order of this court, includes the transcripts of various proceedings wherein the question of waiver of counsel and the decision of Crowhurst to represent himself was specifically addressed. In one of those proceedings, on July 19, 1977, the District Court advised Crowhurst of his right to counsel and discussed, with laudable care and patience, the general disadvantages to an accused of waiving counsel and undertaking to represent himself. Regrettably, however, the District Court did not discuss the nature of the charges and the possible penalties involved should Crowhurst eventually be convicted. Moreover, this subject was not addressed in the other proceedings when the waiver of counsel was discussed and considered.

¶8As written in United States v. Dujanovic, 486 F.2d 182, 186 (9th Cir. 1973):

We cannot visualize a less minimal requirement than the District Court shall not grant a request to waive counsel and proceed pro se without addressing the accused personally and determining on the record that the demand to waive counsel and proceed pro se is competently and intelligently made with understanding of the nature of the charge and the penalties involved. (Emphasis added.)

¶9See also United States v. Aponte, 591 F.2d 1247, 1249-50 (9th Cir. 1978).

¶10No decision of our court that has addressed the waiver of counsel issue has held that the District Court may dispense with the requirement that an accused individual must specifically be made aware of the charges and their possible penalties and sanctions. See, e. g., United States v. Aponte, supra; United States v. Gillings, 568 F.2d 1307 (9th Cir. 1978); Cooley v. United States, 501 F.2d 1249 (9th Cir. 1974); Hodge v. United States, 414 F.2d 1040 (9th Cir. 1969) (en banc). It may be that the District Court’s inadvertent omission in this *391respect would not constitute reversible error if the record clearly disclosed that Crowhurst had, in some manner, been fully informed as to the nature and possible penalties of the crimes charged in the indictment. See United States v. Aponte, supra, at 1249-50; Cooley v. United States, supra, at 1252. We have, however, studied and restudied the record before us, and we can find no evidence whatsoever that the required information was imparted.

¶11We do not reach other issues that are presented.

¶12REVERSED and REMANDED.

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