Farley v. United States, 354 U.S. 521 (1957)

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE SECOND CIRCUIT

Syllabus

Under 28 U.S.C. § 1915, petitioner applied to a Federal District Court for leave to appeal in forma pauperis from his conviction of bank robbery, and asked for a transcript of the trial record. Though conflicting affidavits concerning petitioner’s contentions of errors at his trial had been filed, the District Court refused his request for a transcript of the record and denied his application for leave to appeal in forma pauperis on the ground that his appeal was "not taken in good faith." Petitioner then applied to the Court of Appeals for permission to appeal in forma pauperis, but that Court denied his request, indicating that his claimed errors were without substance.

Held: petitioner has not been afforded an adequate opportunity to show the Court of Appeals that his claimed errors are not frivolous, so as to enable that Court to review properly the District Court’s certification that the appeal was in bad faith. Accordingly, the judgment of the Court of Appeals is vacated, and the cause is remanded to it for further proceedings. Pp. 521-523.

242 F.2d 338, judgment vacated and cause remanded.