United States v. Welty, John Jacob

OPINION OF THE COURT

GARTH, Circuit Judge.

John Jacob Welty, the defendant-appellant in this case, claims that he did not knowingly and intelligently waive his sixth amendment right to counsel when he was tried and convicted for bank robbery. He thus seeks a new trial.

The waiver-of-counsel issue, which we have encountered before in United States v. McFadden, 630 F.2d 963 (3d Cir. 1980), cert. denied, 450 U.S. 1043, 101 S.Ct. 1763, 68 L.Ed.2d 241 (1981), is a troubling one, particularly in light of the overwhelming evidence of Welty’s guilt, as revealed by the instant record. Nevertheless,…