Johnson v. United States 531

• Decision Date: 04 March 1957
• Docket Number: No. M,M
• Citation: 1 L.Ed.2d 593,77 S.Ct. 550,352 U.S. 565
• Parties: George JOHNSON, Petitioner, v. UNITED STATES of America. isc. 531
• Court: U.S. Supreme Court

352 U.S. 565

77 S.Ct. 550

1 L.Ed.2d 593

George JOHNSON, Petitioner,

v UNITED STATES of America.

No. Misc. 531.

Decided March 4, 1957.

PER CURIAM.

The petition for writ of certiorari is granted, as is leave to proceed in forma pauperis. By the Act of June 25, 1910, 36 Stat. 866, as now enlarged in 28 U.S.C. § 1915, 28 U.S.C.A. § 1915, Congress provided for pro- ceedingsin forma pauperis on appeal unless 'the trial court certifies in writing that it (the appeal) is not taken in good faith.' Such certification is not final in the sense that the convicted defendant is barred from showing that it was unwarranted and that an appeal should be allowed. Of course, certification by the judge presiding at the trial carries great weight but, necessarily, if cannot be conclusive. Upon a proper showing a Court of Appeals has a duty to displace a District Court's certification. Moreover, a Court of Appeals must, under Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461, afford one who challenges that certification the aid of counsel unless he insists on being his own. Finally, either the defendant or his assigned counsel must be enabled to show that the grounds for seeking an appeal from the judgment of conviction are not frivolous and do not justify the finding that the appeal is not sought in good faith. This does not require that in every such case the United States must furnish the defendant with a stenographic transcript of the trial. It is...