United States v. Dennis L. Wilson

In this case we are called upon to decide whether a trial judge improperly intervened in the criminal proceedings before him. Because the long-delayed and woefully inadequate trial transcript makes it impossible for us to answer the question posed, we conclude that the conviction must be set aside and the case remanded for a new trial.

FACTS AND PRIOR PROCEEDINGS

On August 1, 1990, a federal grand jury handed down a ten-count superseding indictment charging Dennis Wilson with defrauding the federal government by providing worthless sureties for contractors on government projects. Following a jury trial, Wilson was convicted of all ten counts and sentenced to a period of thirty-six months’ imprisonment, as well as being ordered to pay fines and make restitution. He timely appealed from that conviction on March 26, 1991. That same day the district court relieved Wilson’s trial counsel and appointed appellate counsel, who was ordered to request transcripts by April 17, 1991.

Wilson’s appellate counsel failed to request transcripts and did not file an opening brief on appeal. He did file several requests for extensions of time, however, and twice petitioned to be relieved as…