Johnson v. United States
352 U.S. 565 (1957)

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U.S. Supreme Court

Johnson v. United States, 352 U.S. 565 (1957)

Johnson v. United States

No. 531, Misc.

Decided March 4, 1957

352 U.S. 565

ON MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS

AND ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED

STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

1. Under 28 U.S.C. § 1915, which provides that an appeal may not be taken in forma pauperis if the trial court certifies that it is not taken in good faith, a convicted defendant is not barred from showing that such a certification was unwarranted and that an appeal should be allowed. Pp. 352 U. S. 565-566.

2. Although a certification by a District Court under 28 U.S.C. § 1915 that an appeal is not taken in good faith carries great weight, it is the duty of a Court of Appeals, upon a proper showing, to set such a certification aside. P. 352 U. S. 566.

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