Bandy v. United States
| Decision Date | 10 December 1959 |
| Citation | 272 F.2d 705 |
| Parties | Roger S. BANDY, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Roger S. Bondy, pro se.
Robert Vogel, U. S. Atty., Fargo, N. D., for appellee.
Before JOHNSEN, Chief Judge, and MATTHES, Circuit Judge.
Appellant seeks leave to proceed in forma pauperis on the appeal taken by him from his conviction and sentence.
The trial judge allowed him to file his notice of appeal without payment of costs but refused to let him proceed further in forma pauperis, certifying that the appeal was not taken in good faith.
The question on his motion here is whether this certificate was arbitrary or unwarranted, on the basis of the test prescribed by Ellis v. United States, 356 U.S. 674, 675, 78 S.Ct. 974, 975, 2 L.Ed.2d 1060, that the appeal presents some issue "that is not plainly frivolous." Ibid.
In accordance with the procedure indicated in Johnson v. United States, 352 U.S. 565, 77 S.Ct. 550, 1 L.Ed.2d 593, and Farley v. United States, 354 U.S. 521, 77 S.Ct. 1371, 1 L.Ed.2d 1529, appointment is hereby made of Mr. Ralph B. Maxwell, of West Fargo, North Dakota, who served as court-appointed counsel for appellant on his trial, to represent him in relation to his motion here for leave to prosecute his appeal in forma pauperis.
In the responsibility thus imposed of assisting appellant to make manifest the basis of his claim that the district judge was not warranted in certifying that the appeal was not taken in good faith, it is hoped that counsel may, with the cooperation of the United States Attorney, be able to work out an agreed statement, such as was suggested by us and effected in Weber v. United States, 8 Cir., 254 F.2d 713; Id., 8 Cir., 256 F.2d 119, 120.
If this is capable of being accomplished, counsel is requested to file such statement, together with a typewritten report pointing out in what respects, if any, the District Court erred in certifying that the appeal was not taken in good faith, such filing to be made with the Clerk of this Court on or before January 20, 1960. A copy of the...
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United States v. Bandy
...District Court is affirmed. 1 A partial history of reported Bandy decisions related to his 1959 conviction include the following: 272 F.2d 705 (8th Cir. 1959); 278 F.2d 214 (8th Cir.), vacated, 364 U.S. 477, 81 S.Ct. 244 (1960), on remand, 296 F.2d 882 (8th Cir. 1961), cert. denied, 369 U.S......
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Bandy v. United States
...frivolous, and a response by the United States Attorney in support of the certificate of the trial court. By an opinion dated December 10, 1959 (272 F.2d 705), and in conformity with the procedure prescribed by the Supreme Court in Johnson v. United States, 352 U.S. 565, 77 S.Ct. 550, 1 L.E......
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Bandy v. United States
...refused to allow him to proceed further in forma pauperis, certifying that the appeal was not taken in good faith. In Bandy v. United States, 8 Cir., 1959, 272 F.2d 705, this court appointed counsel to represent Bandy in relation to his motion. Therein we stated, at page 706: "In the respon......
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Bandy v. United States
...taken in good faith. This Court appointed counsel to assist Bandy in his motion for leave to proceed in forma pauperis, Bandy v. United States, 272 F.2d 705 (8 Cir. 1959), but subsequently found the appeal to be frivolous. Bandy v. United States, 278 F.2d 214 (8 Cir. 1960). The Supreme Cour......