Parsell v. United States, 15006.
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | HUTCHESON, , and HOLMES, Circuit |
| Citation | 218 F.2d 232 |
| Parties | Maynard Dare PARSELL and Melvin West Parsell, v. UNITED STATES of America. |
| Docket Number | No. 15006.,15006. |
| Decision Date | 07 January 1955 |
218 F.2d 232 (1955)
Maynard Dare PARSELL and Melvin West Parsell,
v.
UNITED STATES of America.
No. 15006.
United States Court of Appeals, Fifth Circuit.
January 7, 1955.
Melvin W. Parsell, in pro. per.
Malcolm R. Wilkey, U. S. Atty., C. Anthony Friloux, Asst. U. S. Atty., Houston, Tex., for appellee.
Before HUTCHESON, Chief Judge, and HOLMES, Circuit Judge.
HUTCHESON, Chief Judge.
Convicted of a conspiracy to unlawfully acquire and possess, and of acquiring and possessing, marihuana in violation of Sec. 2593(a), Title 26 U.S.C., and sentenced to imprisonment and fined, defendants appealed. In connection with their appeals, each filed an affidavit of inability to pay costs, stating that "he is a citizen of the United States and that because of his poverty he is unable to pay the costs of appeal or pay the costs of stenographic transcript and printing the record on appeal, if such printing should be required by the appellate court, or to give security therefor."
Thereupon the district judge filed "a memorandum on application for allowance of appeal in forma pauperis", in which, reciting the conviction and sentence of the defendants and the filing of the affidavits, he held that for the reasons1 stated by him at length, he
Notwithstanding this view, he allowed the appeal in forma pauperis but directed that no stenographic transcript be, and none was, furnished at government expense. As set out in his memorandum, these are the reasons he gave for so doing:
"Section 1915(a) of Title 28 authorizes proceedings in forma pauperis but provides that `an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.\' Although for the reasons hereafter stated, I am of the opinion that there is no merit in the proposed appeals, I am not willing to say they are not taken in good faith. The appeal, therefore, will be allowed.
"Defendants have not filed a designation of the portions of the record to be incorporated in the transcript, but, judging from my experience with other cases, I have no doubt that presently there will be a request for copies of the record, including the reporter\'s transcript of the testimony. I shall therefore discuss this in advance and review the record at this time for the benefit of defendants and the court of appeals.
"Section 1915(b) of Title 28, as amended in 1951, reads:
"`In any civil or criminal case the court may, upon the filing of a like affidavit, direct that the expense of printing the record on appeal, if such printing is required by the appellate court, be paid by the United States, and the same shall be paid when authorized by the Director of the Administrative Office of the United States Courts.\'
"Prior to the amendment the court was authorized to direct that the expenses of furnishing a stenographic transcript, as well as printing the record, be paid by the United States. This authority to provide a free transcript of the testimony in appeals in forma pauperis was eliminated, however, by the amendment of 1951. While I believe that in a proper case, the court still can require the furnishing of a transcript at government cost, I am convinced that it cannot, and should not, be done unless the court certifies that there is merit in the appeal. Taylor v. Steele, 8 Cir., 191 F.2d 852; In re Quantz, D.C. D.C., 106 F.Supp. 557. See also U. S. v. Carter, D.C.D.C., 88 F.Supp. 88 and U.S. v. Bernett, D.C.Md., 92 F.Supp. 26, holding that the court is not required to direct the furnishing of a transcript at government expense in proceedings brought under 28 U.S.C.A., 2255, to set aside a conviction. This I cannot do in this case."
"I feel that defendants had a fair trial and that their every right was protected. I...
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Shavitz v. City of High Point, 1:01CV00662.
...Dorsey v. Gill, 148 F.2d 857 (D.C.Cir.1945), cert. denied 325 U.S. 890, 65 S.Ct. 1580, 89 L.Ed. 2003 (1945); Parsell v. United States, 218 F.2d 232 (5th Cir.1955)). Thus, a grant of summary judgment against this claim is To summarize, with respect to Plaintiff's due process claim, the Court......
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Coppedge v. United States, 157
...States, 104 U.S.App.D.C. 265, 269, 261 F.2d 731, 735, vacated, 357 U.S. 219, 78 S.Ct. 1365, 2 L.Ed.2d 1361; Parsell v. United States, 218 F.2d 232 (C.A.5th Cir.). See also United States v. Visconti, 261 F.2d 215 (C.A.2d Cir.) (proceeding under 28 U.S.C. § 2255, 28 U.S.C.A. § 2255). 9. And s......
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Covington v. Cole, 75--1660
...remedy." Id. at 286. Likewise pertinent to our dissenting views is this Court's holding in Parsell v. United States, 5 Cir., 1954, 218 F.2d 232, 235, where we quoted with approval from Higgins v. Steele, 8 Cir., 1952, 195 F.2d 366, 369, as '. . . there is no reason why a respondent in a pat......
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Petition of Carvelo, 4138
...follows the provision in 28 U.S.C. § 1915(a), the constitutional validity of which is well established. Parsell v. United States, 5 Cir., 218 F.2d 232; Clough v. Hunter, 10 Cir., 191 F.2d 516; Dorsey v. Gill, 80 U.S.App.D.C. 9, 148 F.2d 857, certiorari denied 325 U.S. 890, 65 S.Ct. 1580, 89......
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Shavitz v. City of High Point, 1:01CV00662.
...Dorsey v. Gill, 148 F.2d 857 (D.C.Cir.1945), cert. denied 325 U.S. 890, 65 S.Ct. 1580, 89 L.Ed. 2003 (1945); Parsell v. United States, 218 F.2d 232 (5th Cir.1955)). Thus, a grant of summary judgment against this claim is To summarize, with respect to Plaintiff's due process claim, the Court......
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Coppedge v. United States, 157
...States, 104 U.S.App.D.C. 265, 269, 261 F.2d 731, 735, vacated, 357 U.S. 219, 78 S.Ct. 1365, 2 L.Ed.2d 1361; Parsell v. United States, 218 F.2d 232 (C.A.5th Cir.). See also United States v. Visconti, 261 F.2d 215 (C.A.2d Cir.) (proceeding under 28 U.S.C. § 2255, 28 U.S.C.A. § 2255). 9. And s......
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Covington v. Cole, 75--1660
...remedy." Id. at 286. Likewise pertinent to our dissenting views is this Court's holding in Parsell v. United States, 5 Cir., 1954, 218 F.2d 232, 235, where we quoted with approval from Higgins v. Steele, 8 Cir., 1952, 195 F.2d 366, 369, as '. . . there is no reason why a respondent in a pat......
-
Petition of Carvelo, 4138
...follows the provision in 28 U.S.C. § 1915(a), the constitutional validity of which is well established. Parsell v. United States, 5 Cir., 218 F.2d 232; Clough v. Hunter, 10 Cir., 191 F.2d 516; Dorsey v. Gill, 80 U.S.App.D.C. 9, 148 F.2d 857, certiorari denied 325 U.S. 890, 65 S.Ct. 1580, 89......