Johnson v. United States
Docket: 531 M
Court: Supreme Court of the United States; March 4, 1957; Federal Supreme Court; Federal Appellate Court
The Supreme Court granted the petition for writ of certiorari and allowed the petitioner, George Johnson, to proceed in forma pauperis. Under the Act of June 25, 1910, as expanded in 28 U.S.C. 1915, appeals can proceed in forma pauperis unless a trial court certifies that the appeal is not taken in good faith. Such certification is significant but not definitive; a Court of Appeals has the authority to override it upon proper showing. Furthermore, a defendant challenging the certification must be provided legal counsel unless they choose to represent themselves. The defendant or their counsel must demonstrate that the appeal is not frivolous and that it is pursued in good faith. While a full stenographic transcript is not always required, the petitioner should have access to adequate means, such as the district judge's notes or an agreed statement from trial counsel, to support their claim of error in the District Court's certification. In this case, the Court of Appeals failed to assign counsel for the petitioner or provide adequate means for presenting his case, leading to the vacating of the lower judgment and remanding the case for further proceedings consistent with this opinion.