Tucker

This appears to be a petition for leave to appeal in forma pauperis from a denial by the trial court of a motion for extension of time to file notice of appeal and from a denial of leave to appeal in forma pauperis.

The trial judge has certified, pursuant to 28 U.S.C.A. § 1915 , that the appeal is not taken in good faith.

The petition is accordingly denied.

I concur in the order of the court, but dissent from its failure to consider Tucker’s main contention in his motion to appeal forma pauperis.

It is that after his attorney had retired from the case when sentence was pronounced Tucker informed the court that he wished to appeal from his conviction and that no notice of appeal was filed.

Such allegations in his verified motion raise a substantial question as to whether he was entitled to the benefits of that portion of Rule 37(a)(2), Fed.R.Crim.P. 18 U.S.C.A., which provides:

See also Boykin v. Huff, 73 App.D.C. 378 , 121 F.2d 865 .

If such an obvious substantial question existed, we would be required to hold that the finding of the district court that the appeal was not taken in good faith was not warranted. Higgins v. Binns, 9 Cir., 204 F.2d 327 (Denman, Healy, Pope.) Cf. Wells v. United States, 318 U.S. 257, 259 , 63 S.Ct. 582 , 87 L.Ed. 746 . Other courts have indicated that they would follow a similar rule if the certificate is without warrant or not issued in good faith. Bernstein v. United States, 4 Cir., 195 F.2d 517 ; Higgins v. Steele, 8 Cir., 195 F.2d 366, 369 ; Newman v. United States, 87 U.S.App.D.C. 419 , 184 F.2d…

213 F.2d 784 UNITED STATES v. TUCKER. Misc. No. 369. United States Court of Appeals Ninth Circuit. May 19, 1954. Laughlin E. Waters, U. S. Atty., Los Angeles, Cal., for plaintiff U. S. Forrest Silva Tucker, in pro. per. Before DENMAN, Chief Judge, and HEALY and BONE, Circuit Judges. PER CURIAM. 1 This appears to be a petition for leave to appeal in forma pauperis from a denial by the trial court of a motion for extension of time to file notice of appeal and from a denial of leave to appeal in forma pauperis. 2 The trial judge has certified, pursuant to 28 U.S.C.A. § 1915 , that the appeal is not taken in good faith. 3 The petition is accordingly denied. 4 DENMAN, Chief Judge. 5 I concur in the order of the court, but dissent from its failure to consider Tucker's main contention in his motion to appeal forma pauperis. 6 It is that after his attorney had retired from the case when sentence was pronounced Tucker informed the court that he wished to appeal from his conviction and that no notice of appeal was filed. 7 Such allegations in his verified motion raise a substantial question as to whether he was entitled to the benefits of that portion of Rule 37(a) (2), Fed.R.Crim.P.…