Hardy v. United States, 375 U.S. 277 (1964)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

Syllabus

After an indigent defendant in a federal court had been convicted and sentenced to imprisonment, the court-appointed lawyer who represented him at the trial withdrew his appearance. The Court of Appeals appointed different counsel to represent the indigent, and this counsel moved for a transcript of the entire proceedings of the trial to aid him in obtaining leave to appeal in forma pauperis. That motion was denied.

Held: Counsel was entitled to be furnished a free transcript of the trial. Pp. 279-282.

(a) Where new counsel represents an indigent on appeal, he cannot faithfully discharge his obligation either in obtaining leave to appeal or in presentation of an appeal unless he has the entire transcript. Pp. 279-280.

(b) The right, under Rule 52(b) of the Federal Rules of Criminal Procedure, to notice "plain errors or defects" is illusory if no transcript is available at least to one whose lawyer on appeal enters the case after the trial is ended. P. 280.

(c) The duty of counsel on appeal is not to serve as amicus to the Court of Appeals, but as advocate for the appellant. Pp. 281-282.

(d) The Court here deals only with the statutory scheme, and does not reach a consideration of constitutional requirements. P. 282.

Reversed.