EX PARTE ELMER DAVIS
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Elmer Davis, a prisoner seeking habeas corpus relief, applied to the Supreme Court after an Indiana trial court dismissed his petition for a writ of error coram nobis and denied his request for a free transcript as an indigent person. The Supreme Court held that Davis had not exhausted his state remedies because the Indiana Supreme Court had not yet acted on his appeal and might obtain the necessary record materials on its own motion, and therefore denied his application without prejudice, leaving open the possibility of future federal review if state remedies proved inadequate.
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Per Curiam.
After we denied, without prejudice, petitioner’s previous application for leave to file in this Court a petition for habeas corpus, 317 U. S. 592, the Circuit Court of Vigo County, Indiana, on December 29, 1942, sustained a demurrer to his petition for a writ of error coram nobis. Petitioner now alleges that he has filed an appeal from that court to the Supreme Court of Indiana. He also alleges that his request that a transcript of the coram nobis proceeding be furnished free of charge, because he is a poor person, has been denied. He contends that in the absence of a transcript of the coram nobis proceeding, he is left without a remedy by appeal in the courts of Indiana. But we cannot assume that the Supreme Court of Indiana will refuse to use its process to bring before it such parts of the record as may be necessary for a decision of the case, or that, in that event, it will refuse to enter an order finally disposing of the appeal. Until the Supreme Court of Indiana has acted upon an application for an order finally disposing of the appeal — which, if adverse to petitioner, he could make the subject of a petition for certiorari to this Court — the remedies afforded by state appellate procedure have not been fully exhausted. Accordingly, we deny petitioner’s present application without prejudice.
Leave denied.
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Brown v. Allen, 344 U.S. 443 (U.S. 1953)…C. §2241 (b), after determining grounds for relief are stated in the petition, “may require a showing of the record and action on prior applications.” Darr v. Burford, supra, at 215; Salinger v. Loisel, 265 U. S. 224, 232; cf. Ex parte Elmer Davis, 318 U. S. 412. Original records in state courts are returned by this Court. (E. g., see in Daniels v. North Carolina, 339 U. S. 954, the order of The Chief Justice of the United States, dated May 12, 1950, as the same remains upon the files of this Court, directi…
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- Ex parte Davis, 317 U.S. 592 (U.S. 1942)
- Carter Oil Co. v. Welker, 317 U.S. 592 (U.S. 1942)