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Hardy v. United States, 375 U.S. 277 (1964)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Hardy v. United States, 375 U.S. 277 (1964)
Hardy v. United States No. 112 Argued November 21, 1963 Decided January 6, 1964 375 U.S. 277
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
After an indigent defendant in a federal court had been convicted and sentenced to imprisonment, the court-appointed lawyer who represented him at the trial withdrew his appearance. The Court of Appeals appointed different counsel to represent the indigent, and this counsel moved for a transcript of the entire proceedings of the trial to aid him in obtaining leave to appeal in forma pauperis. That motion was denied.
Held: Counsel was entitled to be furnished a free transcript of the trial. Pp. 279-282.
(a) Where new counsel represents an indigent on appeal, he cannot faithfully discharge his obligation either in obtaining leave to appeal or in presentation of an appeal unless he has the entire transcript. Pp. 279-280.
(b) The right, under Rule 52(b) of the Federal Rules of Criminal Procedure, to notice "plain errors or defects" is illusory if no transcript is available at least to one whose lawyer on appeal enters the case after the trial is ended. P. 280.
(c) The duty of counsel on appeal is not to serve as amicus to the Court of Appeals, but as advocate for the appellant. Pp. 281-282.
(d) The Court here deals only with the statutory scheme, and does not reach a consideration of constitutional requirements. P. 282.
Reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Hardy v. United States, 375 U.S. 277 (1964) in 375 U.S. 277 375 U.S. 278. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=YT7JIPEJ28N4KC5.
MLA: U.S. Supreme Court. "Syllabus." Hardy v. United States, 375 U.S. 277 (1964), in 375 U.S. 277, page 375 U.S. 278. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=YT7JIPEJ28N4KC5.
Harvard: U.S. Supreme Court, 'Syllabus' in Hardy v. United States, 375 U.S. 277 (1964). cited in 1964, 375 U.S. 277, pp.375 U.S. 278. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=YT7JIPEJ28N4KC5.
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