Campbell v. Hansen

A petitioner for habeas corpus relief whose initial motion to proceed in forma pauperis (IFP) was denied and who takes a timely interlocutory appeal from that denial, accompanied by a motion to proceed IFP on appeal, need not file a second appeal where the district court also denies the second-degree IFP motion. The Supreme Court reversed the court of appeals’ decision summarily dismissing Petitioner’s appeal in this case, holding that the court of appeals acquired jurisdiction upon Petitioner’s timely filing of a notice of appeal, accompanied by an application for IFP status and proverty affidavit. The court remanded the cause to the court of appeals for a determination on the merits of the errors assigned by Petitioner regarding the denial of his first motion to proceed IFP. View "Campbell v. Hansen" on Justia Law