right to file an application for leave to appeal and was instructed that he had this right. Halbert, 545 U.S. at 617, 125 S.Ct. 2582. The Supreme Court held that the appellate court should have appointed counsel to aid the indigent defendant in the preparation and review of his application for leave to appeal, even though he had waived the separate right to a full appeal. The review of applications for leave to appeal is the first-tier review referred to by the Supreme Court. In the instant case, even though the Court certifies this appeal is frivolous, or not taken in good faith, the Court of Appeals possesses authority to appoint Defendants with counsel to aid a challenge of this Court’s certification. Johnson v. United States, 352 U.S. 565, 566, 77 S.Ct. 550, 1 L.Ed.2d 593 (1957) (<HOLDING>). The appointment of counsel for the purpose of
holding that a court of appeals must appoint counsel to aid an indigent appellant who challenges a trial courts certification that his appeal is not taken in good faith pursuant to 28 usc  1915 unless he insists on representing himself recognizing that congress enacted the court of federal claims technical and procedural improvements act of 1992 authorizing the court to among other things adjudicate applications to proceed in forma pauperis pursuant to 28 usc  1915 holding that an indigent defendant cannot have a fair trial without being provided counsel holding that a questionnaire may be used to assist the court in determining whether cases should be dismissed under 28 usc  1915 holding trial court reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal motion was in fact not dispositive and appellant was entitled to rely on the courts statement