U.S. v. Christian, 88-1310
| Decision Date | 14 February 1989 |
| Docket Number | No. 88-1310,88-1310 |
| Citation | 861 F.2d 195 |
| Parties | UNITED STATES of America, Appellee, v. Frederick Edward CHRISTIAN, a/k/a Freddie Christiansen, a/k/a Fred E. Christiane, a/k/a Freddie Christian, a/k/a Frederick Christiane, a/k/a Frede Christian, Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Curtis C. Crawford, St. Louis, Mo., for appellant.
David M. Rosen, Asst. U.S. Atty., St. Louis, Mo., for appellee.
Before JOHN R. GIBSON, WOLLMAN and BEAM, Circuit Judges.
Frederick Christian appeals from his conviction of mail fraud, in violation of 18 U.S.C. Sec. 1341, social security fraud, in violation of 42 U.S.C. Sec. 5408, and making false and fraudulent statements to the Internal Revenue Service, in violation of 18 U.S.C. Sec. 1001. The sole issue on appeal is whether after two days of trial the district court 1 erred in permitting Christian's counsel to withdraw and allowing Christian to proceed pro se. Christian's argument is that the district court did not fully apprise him of the pitfalls of self-representation. We conclude that Christian was made fully aware of his rights, and that he made a knowing and intelligent waiver of his sixth amendment right to counsel. We therefore affirm the judgment of the district court.
After Christian was indicted by a federal grand jury on the charges enumerated above, he requested that the district court appoint counsel to conduct his defense. Just before the trial was to commence, however, Christian became dissatisfied with the work of his appointed counsel. The district court granted a continuance so that Christian would have an opportunity to hire a lawyer of his own choosing. The situation was resolved when Christian succeeded in securing private representation, and the case began to move forward.
Problems again developed as the trial commenced, however. After twenty-two government witnesses had testified over a two day period, Christian's lawyer informed the district court that his relationship with Christian had deterioriated to the point where further representation was impossible. At that time the district court conducted an extensive inquiry of both Christian and counsel, producing a record of approximately thirty pages. Christian was allowed to confer privately with his attorney during this procedure.
The district court found that there were strategic differences between Christian and his counsel concerning the questioning of certain witnesses. Christian admitted that he was satisfied with the quality of representation so far, but requested that his lawyer be allowed to withdraw. The district court informed Christian that it was too late for another lawyer to come into the case, and that he should be represented by counsel. Christian asked that he be allowed to complete the trial pro se. The district court explained to Christian the difficulties of proceeding without a lawyer, including the fact that he would have to comply with rules he did not understand, and asked Christian to explain his reasons for his choice to make sure that no duress or undue influence had motivated him. After finding that Christian was an articulate and intelligent person with a college degree, fully aware of the consequences of his actions, the district court allowed counsel to withdraw.
Following the withdrawal, Christian completed the trial pro se. He made motions, presented evidence, cross-examined witnesses, and argued to the jury. After deliberations, the jury returned a verdict of guilty on all counts. Christian was sentenced to three years imprisonment, and fined $8,000.
The sole issue before us is whether Christian validly waived his sixth amendment right to counsel. 2 No objection is raised concerning the conduct of the trial. Since a constitutional right is involved, any waiver must be knowing and intelligent. See Johnson v. Zerbst, 304 U.S. 458, 464-65, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461 (1938). All relevant facts and circumstances must be examined, including the education and ability of the defendant. See id. Great care must be exercised to ensure that the defendant understands the full consequences of his choice. See Faretta v. California, 422 U.S. 806, 835, 95 S.Ct. 2525, 2541, 45 L.Ed.2d 562 (1975). The record must establish that "he knows what he is doing and his choice is made with eyes open." Adams v. United States ex rel. McCann, 317 U.S. 269, 279, 63 S.Ct. 236, 242, 87 L.Ed. 268 (1942).
We see no genuine question that Christian's waiver of his right to counsel was voluntary, knowing, and intelligent. 3 The record made before the district court fully demonstrates this. First, Christian had a college degree. The district court found him to be articulate and intelligent, and his statements in the record bear this out. We have no doubt that he could grasp the nature of the charges against him and the ramifications of a guilty verdict.
Similarly, the record shows that Christian recognized the hazards of conducting his own defense. Christian repeatedly stated that he realized he would be bound by the rules of evidence and criminal procedure, even though he was not familiar with those rules. The following exchange is representative:
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...court thought it was a mistake and that defendant would have to follow rules of trial procedure was sufficient); United States v. Christian, 861 F.2d 195, 197 (8th Cir.1988) (court's warning that defendant would have to follow rules of criminal procedure despite his lack of familiarity with......
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U.S. v. Yagow
...with the right to counsel, he must make a knowing, intelligent and voluntary waiver. Id. at 835, 95 S.Ct. at 2541; United States v. Christian, 861 F.2d 195, 197 (8th Cir.1988), cert. denied, 493 U.S. 843, 110 S.Ct. 131, 107 L.Ed.2d 91 (1989). Although the defendant need not possess a lawyer......