Willie Frank Brown v. United States

Ninth Circuit

Willie Frank Brown v. United States

270 F.2d 80

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 11, 1959

DocketMisc. 879

StatusPublished

This text of 270 F.2d 80 (Willie Frank Brown v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Willie Frank Brown v. United States, 270 F.2d 80 (9th Cir. 1959).

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Opinion

PER CURIAM.

Brown was convicted of a federal offense in the District Court and he has presented for filing, his Notice of Appeal without designating points on appeal. The District Court denied Brown the privilege of appealing in forma pau-peris. A like petition is before us and specifically, a court appointed attorney, (Mr. Charles V. Johnson) requests us to order that he be furnished a reporter’s transcript at government cost. Mr. Johnson has examined into Brown’s situation with commendable zeal and states that he is unable to properly advise his client without the transcript. We think perhaps he can by following the procedure outlined in Farley v. United States, 354 U.S. 521, 77 S.Ct. 1371, 1 L.Ed.2d 1529; Ellis v. United States, 356 U.S. 674, 78 S.Ct. 974, 2 L.Ed.2d 1060; and Johnson v. United States, 352 U.S. 565, 77 S.Ct. 550, 1 L.Ed.2d 593.

Therefore, we deny the privilege and refuse to order a government-paid-for transcript, but without prejudice to his presenting another petition for the same requested relief if, after an adequate attempt, he still thinks the transcript necessary.

The petition is denied without prejudice as recited.

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PER CURIAM.

Brown was convicted of a federal offense in the District Court and he has presented for filing, his Notice of Appeal without designating points on appeal. The District Court denied Brown the privilege of appealing in forma pau-peris. A like petition is before us and specifically, a court appointed attorney, (Mr. Charles V. Johnson) requests us to order that he be furnished a reporter’s transcript at government cost. Mr. Johnson has examined into Brown’s situation with commendable zeal and states that he is unable to properly advise his client without the transcript. We think perhaps he can by following the procedure outlined in Farley v. United States, 354 U.S. 521, 77 S.Ct. 1371, 1 L.Ed.2d 1529; Ellis v. United States, 356 U.S. 674, 78 S.Ct. 974, 2 L.Ed.2d 1060; and Johnson v. United States, 352 U.S. 565, 77 S.Ct. 550, 1 L.Ed.2d 593.

Therefore, we deny the privilege and refuse to order a government-paid-for transcript, but without prejudice to his presenting another petition for the same requested relief if, after an adequate attempt, he still thinks the transcript necessary.

The petition is denied without prejudice as recited.

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270 F.2d 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willie-frank-brown-v-united-states-ca9-1959.

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