Supreme Court of the United States, 1967

Nowakowski v. Maroney

Supreme Court of the United States · Decided April 10, 1967 · Per Curiam

386 U.S. 542; 87 S. Ct. 1197; 18 L. Ed. 2d 282; 1967 U.S. LEXIS 1838 (United States Reports)

Counsel

Daniel J. O’Hern, by appointment of the Court, 385 U. S. 804, argued the cause and filed a brief for petitioner., William E. Pfadt argued the cause and filed a brief for respondent.

Cases that cite this one

38 later published cases cite this decision. The 25 that cite it most often are listed here.

Carafas v. LaVallee (Supreme Court of the United States 1968)
Brooks v. Estelle, Director, Texas Department of Corrections (Supreme Court of the United States 1983)
Thomas A. Barefoot v. W.J. Estelle, Jr., Director, Texas Department of Corrections, Respondent (5th Cir. 1983)
Barefoot v. Estelle (Supreme Court of the United States 1983)
Robert W. Flint, Jr. v. Francis Howard, Warden, Adult Correctional Institution (1st Cir. 1972)
Garrison v. Patterson (Supreme Court of the United States 1968)
United States v. Angel Cepero A/K/A Angel Villar-Cepero A/K/A Mosquito Angel Cepero (3d Cir. 2000)
Fernando Soto v. United States (2d Cir. 1999)
Gonzalez v. Thaler (Supreme Court of the United States 2012)
Rogers v. Artuz (District Court, E.D. New York 2007)
Joel Buie v. Eugene McAdory (7th Cir. 2003)
Rowe v. LeMaster (10th Cir. 2000)
LaFevers v. Gibson (10th Cir. 1999)
Cannon v. Johnson (5th Cir. 1998)
Joseph John Cannon v. Gary Johnson, Director, Texas Department of Criminal Justice, Institutional Division (5th Cir. 1998)
McCoy v. Wainwright (United States District Court for the Southern District of Florida 1986)
Brown v. Booker (District Court, E.D. Virginia 1985)
Hutchins v. Woodard (4th Cir. 1984)
Hutchins v. Woodard (4th Cir. 1984)
Larry Leon Chaney v. John H. Brown, Warden, Oklahoma State Penitentiary, McAlester Oklahoma (10th Cir. 1983)
Ernest John Dobbert v. Charles E. Strickland, Jr. (11th Cir. 1982)
Gordon v. Willis (United States District Court for the Northern District of Georgia 1980)
Gary D. Gardner v. Edwin Pogue, Warden, Nevada State Penitentiary (9th Cir. 1977)
Francis T. Glynn v. Robert H. Donnelly (1st Cir. 1973)
Leonard Wymer Walle v. Maurice H. Sigler, Warden, Nebraska Penal and Correctional Complex (8th Cir. 1972)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Per Curiam.

The petitioner, a prisoner in the Pennsylvania penal system, sought a writ of habeas corpus from the United States District Court for the Western District of Pennsylvania. He alleged, among other things, that his appointed counsel in the state trial which resulted in his conviction had been ineffective, and that he had therefore been denied the aid and assistance of counsel guaranteed by the Constitution. Gideon v. Wainwright, 372 U. S. 335. The District Court granted Nowakowski a hearing and appointed a lawyer to assist him. Following the hearing and “[vjiewing the record of the trial and the habeas corpus hearing as a whole” the -court concluded that Pennsylvania “cannot be convicted of denying effective aid and assistance of counsel to the relator . . . .” However, the District Judge issued the certificate of probable cause necessary to allow a person in state chstody to appeal a denial of federal habeas corpus. 28 U. S. C. § 2253.

*543 The lawyers who assisted the petitioner at the habeas hearing were then allowed to withdraw by the District Court. Nowakowski subsequently petitioned the Court, of Appeals for the Third Circuit to allow him .to appeal in forma pauperis from the District Court’s denial of relief. He also asked to be allowed to proceed in the Court of Appeals on written briefs and sought the appointment of counsel. That court denied the petition in the following order:

“Upon consideration of appellant’s petition for leave to proceed in forma pauperis and to file handwritten briefs; and for appointment of counsel in the above-entitled case;

“It is ORDERED that the petition be and it hereby is denied.”

Following the Third Circuit’s denial of Nowakowski’s petition for rehearing, he sought a writ of certiorari from this Court. It was granted, as was.his motion to proceed in forma pauperis. 384 U. S. 984.

We hold that the Court of Appeals erred in denying. the petitioner the right to appeal after the District Judge had issued a § 2253 certificate of probable cause. It is established law that a circuit judge or justice entertaining an application for a certificate should give “weighty consideration” to its prior denial by a district judge. Sullivan v. Heinze, 250 F. 2d 427, 429; Sokol, Federal Habeas Corpus § 17, at 94 (1965). Cf. In re Woods, 249 F. 2d 614, 616. But when a district judge grants such a certificate, the court of appeals must grant an appeal in forma pauperis (assuming the requisite showing of poverty), .and proceed to a disposition of the appeal in accord with its ordinary procedure.

•The order of the Court of Appeals for the Third Circuit is therefore vacated and the case is remanded for further proceedings consistent with this opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.