Redmon

Redmon v. Squier

Good Law
162 F.2d 195·1947 U.S. App. LEXIS 2112
United States Court of Appeals for the Ninth CircuitMay 16, 1947California456 words

Opinion

Lead Opinion

There seems to be no merit to the appeal that is sought to be brought up here in forma pauperis. When no merit appears in the application for leave to file an appeal in forma pauperis, the appellate court should refuse to grant it. In re Snow, 9 Cir., 147 F.2d 1006 , leave to file petition for ccrtiorari denied 323 U.S. 836 , 65 S.Ct. 1187 , 89 L.Ed. 1963 , rehearing denied 325 U.S. 895 , 65 S.Ct 1559 , 89 L.Ed. 2006 ; O’Brien’s Manual of Federal Appellate Procedure, 3d Cum.Supp., p. 78.

The petitioner claims that he was a minor at the time of the arraignment, and pleaded guilty without having been informed of his constitutional rights; that the indictment was not read to him; that he was arraigned in cou'rt without having been taken before “any committing authority whatever”; that he was not represented by counsel; and that, under the holding in Ballard v. United States, 329 U.S. 187, 190 , 67 S.Ct. 261 , since women were excluded from the grand jury, the indictment is “void”.

The court below allowed the petitioner to proceed in forma pauperis before it, but the petitioner alleges--with no exhibit to document the allegation — that the District Court denied him “leave to appeal…

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