|
|
Farley v. United States, 354 U.S. 521 (1957)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Farley v. United States, 354 U.S. 521 (1957)
Farley v. United States No. 686, Misc. Decided June 24, 1957 354 U.S. 521
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.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Farley v. United States, 354 U.S. 521 (1957) in 354 U.S. 521 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=66AMSJ9NN5LZ3P5.
MLA:
U.S. Supreme Court. "Syllabus." Farley v. United States, 354 U.S. 521 (1957), in 354 U.S. 521, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=66AMSJ9NN5LZ3P5.
Harvard:
U.S. Supreme Court, 'Syllabus' in Farley v. United States, 354 U.S. 521 (1957). cited in 1957, 354 U.S. 521. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=66AMSJ9NN5LZ3P5.
|