United States v. Larry A. Turnbull

Larry Turnbull appeals the district court’s judgment of conviction against him for failure to pay income taxes. We affirm in part and vacate in part.

I

The United States asserted its authority over Turnbull in matters temporal by charging him with failing to render unto Caesar that which was due, in willful violation of the Internal Revenue Code. 26 U.S.C. § 7201 (1982).

At Turnbull’s initial appearance before the magistrate in Fairbanks, his arraignment was continued for a week. Turnbull then filed pleadings in the district court stating that he did not waive his right to counsel, but that his religious beliefs precluded him from using the services of any member of the bar. Turnbull stated his belief that the teachings of Jesus require him to avoid associating with lawyers. Turnbull requested that lay persons who shared his beliefs be appointed as his co-counsels. At his arraignment, Turnbull appeared without counsel and stood mute when asked to plead. The court entered a plea of not guilty on his behalf.

On March 16, Turnbull withdrew his motion asking for lay counsel. Magistrate Roberts held a hearing on March 29 regarding Turnbull’s representation. Turn-bull stated that he…