Farley v. United States

Background

A man convicted of bank robbery and sentenced to 20 years asked the trial court for permission to appeal without paying fees. He and his court-appointed lawyer said the evidence was insufficient and that the prosecutor asked unfair, irrelevant questions about another crime. They asked the court for a transcript of the trial so they could prove those errors. The United States Attorney filed an affidavit saying the evidence was sufficient but did not directly refute the claim about the improper questions, and counsel for the prisoner filed an affidavit supporting the claim. The trial court denied the transcript request and refused the fee-free appeal as frivolous, and the Court of Appeals agreed.

Reasoning

The Court focused on whether the prisoner had a fair opportunity to show his appeal was not frivolous. Because conflicting affidavits existed, the Justices said the claims could not be judged without a reliable record. The Court explained that the prisoner should be given the trial transcript, or an agreed statement of the relevant facts, or some other practical way to see the trial minutes so he can substantiate his allegations. The opinion cites Johnson v. United States in discussing the need for a dependable record. The Supreme Court granted review, allowed him to proceed without fees, vacated the lower courts’ decisions, and sent the case back to the Court of Appeals for further proceedings consistent with this guidance.

Real world impact

Lower courts must provide indigent criminal defendants access to trial records or an alternative before cutting off fee-free appeals as frivolous when material facts are disputed. The ruling helps defendants get a real chance to show trial errors on appeal. It does not decide whether the conviction itself was correct; the case returns to the appeals court for record-based review.

Dissents or concurrances

Two Justices registered a dissent from this per curiam decision; their reasons are not explained in the opinion.