Johnson v. United States

Background

A convicted defendant who could not afford the costs of an appeal sought to proceed in forma pauperis. The trial judge certified in writing that the appeal "is not taken in good faith." The defendant went to the Court of Appeals, which did not assign counsel to help challenge that certification, and it does not appear the appeals court assured him adequate means to present the basis for his claim.

Reasoning

The Court said a trial judge’s written certification carries weight but is not conclusive, and a Court of Appeals must be able to displace that certification on a proper showing. Citing the need to afford the aid of counsel to one who challenges such a certification, the Court explained that the defendant or assigned counsel must be given some adequate way to show that the appeal’s grounds are not frivolous. The Court noted that this does not always require a full stenographic transcript; practical alternatives include the district judge’s notes or an agreed statement by trial counsel.

Real world impact

Because the Court of Appeals did not assign counsel or assure adequate means here, the Supreme Court vacated the judgment below and remanded for further proceedings consistent with this opinion. The ruling requires appeals courts to provide counsel or other appropriate means for indigent defendants to demonstrate that an appeal is not frivolous, while not imposing an absolute rule that a transcript must always be supplied.