Lavere Redfield v. United States

Ninth Circuit

Lavere Redfield v. United States

295 F.2d 249, 8 A.F.T.R.2d (RIA) 5709, 1961 U.S. App. LEXIS 3459

CourtCourt of Appeals for the Ninth Circuit

DecidedOctober 16, 1961

Docket17317

StatusPublished

Cited by28 cases

This text of 295 F.2d 249 (Lavere Redfield v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lavere Redfield v. United States, 295 F.2d 249, 8 A.F.T.R.2d (RIA) 5709, 1961 U.S. App. LEXIS 3459 (9th Cir. 1961).

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Opinion

PER CURIAM.

This is an appeal from a judgment of conviction on six counts of an eight-count indictment charging income tax evasion in violation of Section 145(b), Internal Revenue Code of 1939, and Section 7201, Internal Revenue Code of 1954, 26 U.S. C.A. §§ 145(b), 7201. Appellant argues four grounds for reversal, namely: (1) he did not competently and intelligently waive his right to assistance of counsel at the trial; (2) he was so ignorant of law and procedure and his defense was so inadequate and incompetent that he has been deprived of his liberty in violation *250 of his rights under the Sixth Amendment; (3) he was denied an impartial trial by virtue of the prejudicial nature of the trial judge’s treatment of appellant throughout the trial; and (4) during the closing argument the attorney for the Government appealed to the passion and prejudice of the jury concerning irrelevant matters, thereby tending to inflame the jury against appellant.

Each of these points was presented in the trial court on appellant’s motion for new trial, appellant being represented by counsel in that proceeding, as he has been in this court. The order of the district court denying the motion for a new trial is preceded by an exhaustive opinion discussing each of these arguments, supported by detailed documentation as to both facts and law. United States v. Redfield, D.C.Nev., 197 F.Supp. 559.

Our study of the record completely corroborates the district court’s review of the trial court proceedings, as set forth in the described order. We are likewise in full accord with the legal conclusions based thereon, as also set forth in that order. Under the circumstances, no worthwhile purpose will be served in filing an opinion of this court discussing the facts and law involved on this appeal. We adopt as our opinion, the opinion and order of the district judge, and on the basis thereof, the judgment is affirmed.

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PER CURIAM.

This is an appeal from a judgment of conviction on six counts of an eight-count indictment charging income tax evasion in violation of Section 145(b), Internal Revenue Code of 1939, and Section 7201, Internal Revenue Code of 1954, 26 U.S. C.A. §§ 145(b), 7201. Appellant argues four grounds for reversal, namely: (1) he did not competently and intelligently waive his right to assistance of counsel at the trial; (2) he was so ignorant of law and procedure and his defense was so inadequate and incompetent that he has been deprived of his liberty in violation *250 of his rights under the Sixth Amendment; (3) he was denied an impartial trial by virtue of the prejudicial nature of the trial judge’s treatment of appellant throughout the trial; and (4) during the closing argument the attorney for the Government appealed to the passion and prejudice of the jury concerning irrelevant matters, thereby tending to inflame the jury against appellant.

Each of these points was presented in the trial court on appellant’s motion for new trial, appellant being represented by counsel in that proceeding, as he has been in this court. The order of the district court denying the motion for a new trial is preceded by an exhaustive opinion discussing each of these arguments, supported by detailed documentation as to both facts and law. United States v. Redfield, D.C.Nev., 197 F.Supp. 559.

Our study of the record completely corroborates the district court’s review of the trial court proceedings, as set forth in the described order. We are likewise in full accord with the legal conclusions based thereon, as also set forth in that order. Under the circumstances, no worthwhile purpose will be served in filing an opinion of this court discussing the facts and law involved on this appeal. We adopt as our opinion, the opinion and order of the district judge, and on the basis thereof, the judgment is affirmed.

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Bluebook (online)

295 F.2d 249, 8 A.F.T.R.2d (RIA) 5709, 1961 U.S. App. LEXIS 3459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lavere-redfield-v-united-states-ca9-1961.

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