Johnson v. United States 531, No. M

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
Citation1 L.Ed.2d 593,77 S.Ct. 550,352 U.S. 565
PartiesGeorge JOHNSON, Petitioner, v. UNITED STATES of America. isc. 531
Docket NumberNo. M
Decision Date04 March 1957

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-

Page 566

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 essential, however, that he be assured some appropriate means—such as the district judge's notes or an agreed statement by trial counsel—of making manifest the basis of his claim that the District Court committed error in certifying that the desired appeal was not pursued in good faith. See Miller v. United States, 317 U.S. 192, 198, 63 S.Ct. 187, 190, 87 L.Ed. 179.

Since here the Court of Appeals did not assign counsel to assist petitioner in prosecuting his application for leave to appeal in forma pauperis and since it does not appear that the Court of Appeals assured petitioner adequate means of presenting it with a fair basis for determining whether the District Court's certification was warranted, the judgment below must be vacated and the case remanded to the Court of Appeals for proceedings not inconsistent with this opinion.

Judgment vacated and case remanded.

So ordered.

To continue reading

Request your trial
133 practice notes
  • Dillon v. United States, No. 17692.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 22, 1962
    ...as conferring a right to counsel through direct appeal of the original conviction to the Court of Appeals Johnson v. United States, 352 U.S. 565, 77 S.Ct. 550, 1 L. Ed.2d 593 (1957); Ellis v. United States, 356 U.S. 674, 78 S.Ct. 974, 2 L.Ed.2d 1060 (1958), the accused is assured of represe......
  • Smith v. United States, No. 14599.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • July 7, 1959
    ...conclusive. Upon a proper showing a Court of Appeals has a duty to displace a District Court's certification." Johnson v. United States, 352 U.S. 565, 566, 77 S. Ct. 550, 551, 1 L.Ed.2d 4 28 U.S.C. § 2244 (1952): "No circuit or district judge shall be required to entertain an application fo......
  • People v. Brown, Cr. 6655
    • United States
    • United States State Supreme Court (California)
    • December 22, 1960
    ...to appellate review, and counsel must be appointed to assist the defendant in showing that his appeal has merit. Johnson v. United States, 352 U.S. 565, 566, 77 S.Ct. 550, 1 L.Ed.2d 593; see also Eskridge v. Washington Prison Board, 357 U.S. 214, 78 S.Ct. 1061, 2 L.Ed.2d 1269; Farley v. Uni......
  • Tate v. United States, No. 19177
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • March 28, 1966
    ...decade, the Supreme Court has expounded the meaningful content inhering in the framework of 28 U.S.C. § 1915. In Johnson v. United States, 352 U.S. 565, 77 S. Ct. 550, 1 L.Ed.2d 593 (1957), the Court held that a transcript, or some appropriate substitute, and appointed counsel must be furni......
  • Request a trial to view additional results
133 cases
  • Dillon v. United States, No. 17692.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 22, 1962
    ...as conferring a right to counsel through direct appeal of the original conviction to the Court of Appeals Johnson v. United States, 352 U.S. 565, 77 S.Ct. 550, 1 L. Ed.2d 593 (1957); Ellis v. United States, 356 U.S. 674, 78 S.Ct. 974, 2 L.Ed.2d 1060 (1958), the accused is assured of represe......
  • Smith v. United States, No. 14599.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • July 7, 1959
    ...conclusive. Upon a proper showing a Court of Appeals has a duty to displace a District Court's certification." Johnson v. United States, 352 U.S. 565, 566, 77 S. Ct. 550, 551, 1 L.Ed.2d 4 28 U.S.C. § 2244 (1952): "No circuit or district judge shall be required to entertain an application fo......
  • People v. Brown, Cr. 6655
    • United States
    • United States State Supreme Court (California)
    • December 22, 1960
    ...to appellate review, and counsel must be appointed to assist the defendant in showing that his appeal has merit. Johnson v. United States, 352 U.S. 565, 566, 77 S.Ct. 550, 1 L.Ed.2d 593; see also Eskridge v. Washington Prison Board, 357 U.S. 214, 78 S.Ct. 1061, 2 L.Ed.2d 1269; Farley v. Uni......
  • Tate v. United States, No. 19177
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • March 28, 1966
    ...decade, the Supreme Court has expounded the meaningful content inhering in the framework of 28 U.S.C. § 1915. In Johnson v. United States, 352 U.S. 565, 77 S. Ct. 550, 1 L.Ed.2d 593 (1957), the Court held that a transcript, or some appropriate substitute, and appointed counsel must be furni......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT