Edward J. Ellis v. United States of America, Edward J. Ellis v. United States

Circuit Judge Burgee with whom Circuit Judges Prettyman, Millee, Danaher and Bastían concur:

In its order of November 27, 1957, appointing counsel to represent appellant in Case No. 13,511, this court stated : “If counsel finds it impossible to determine without the aid of the stenographic transcript whether the appeal is frivolous or taken for delay, he shall so advise the Court.” This language implies (if it does not affirmatively state) that counsel should determine for the benefit of this court whether the case warranted review. The court order of November 27 cited to counsel’s attention…