Jesse Eugene Dearinger and Theodore J. Weinreich v. United States

Appellants were convicted of violations of 18 U.S.C.A. § 2113 , as a result of the attempted robbery of the University Place Branch of the National Bank of Washington in Tacoma, Washington, on November 21, 1962.

Appeal of Jesse Eugene Dearinger

Appellant Dearinger’s principal specification of error arises out of the following circumstances:

After the government had completed its case and Dearinger’s retained counsel had presented several witnesses for the defense, Dearinger expressed dissatisfaction with his counsel’s performance and asked that counsel be “withdrawn from the case.” The court denied the request, stating that the court was satisfied from its observation of. counsel’s conduct of the trial that the claim of inadequate representation was without substantial basis. The court also noted that delay and disruption of orderly procedures would result if such requests were granted at a late stage in trials, and pointed out that the court had taken great pains to inquire of the defendant before trial if he were satisfied with counsel’s services.

After a short recess to permit Dear-inger and counsel to confer, counsel stated, “the defendant, your Honor, has advised me that…