United States v. Martin Stern

Stern was convicted after a trial to the court of conspiring to obstruct the Internal Revenue Service, attempting to evade personal income tax, and willfully failing to file a return. His motion for new trial was denied. We affirm the judgment and the order denying a new trial.

APPELLANT’S CONTENTIONS

(1) His trial counsel was ineffective and gave inadequate representation in that he failed to investigate Stern’s psychiatric history;

(2) Government counsel was guilty of misconduct in failing to advise the court of Stern’s psychological problems and in failing to request the court to order a psychiatric examination to determine appellant’s competence to stand trial; and

(3) The court’s post trial appointment of a psychiatrist and the doctor’s examination of Stern were irrelevant to the claim of incompetent counsel, and the court improperly received in evidence the report of examination.

EVIDENCE TO SUPPORT CONVICTION

Stern personally waived his right to a jury trial. The court heard evidence that Stern, a former IRS agent, started a business in 1970 to bootleg tape recordings of musical hits. Orders were solicited by telephone, the business was run on a cash basis…