United States v. Norman H. Crowhurst

On 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.

The 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…