MCCRARY
v.
INDIANA

U.S. | 1960-06-27
No. 417
364 U.S. 277 Supreme Court of the United States (1960) Positive Treatment
Also reported at: 4 L. Ed. 2d 1706 · 80 S. Ct. 1410 · 1960 U.S. LEXIS 768 · SCDB 1959-134
Cited by 2 cases

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Synopsis

An indigent defendant's appeal to the Indiana Supreme Court was dismissed for failure to file a trial transcript, which he could not afford to pay for. The Supreme Court vacated the dismissal and remanded the case, holding that the state court must reconsider whether denying the appeal based on the defendant's inability to pay for the transcript violated equal protection under Griffin v. Illinois.

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Per_curiam
Per Curiam.

Per Curiam.

The motion for leave to proceed in forma pauperis and the writ of certiorari are granted. Petitioner’s attempted appeal to the Supreme Court of Indiana from a denial of relief in a post-conviction coram nobis proceeding was dismissed because of his failure to comply with rules of that court, requiring, inter alia, the filing of a transcript of the trial proceedings. He alleges that the dismissal denied him the equal protection of the laws because he was and is unable to pay for the preparation of such a transcript, see Griffin v. Illinois, 351 U. S. 12, and that although he attempted to avail himself of the services of the Indiana Public Defender, who is empowered to secure the preparation of such a transcript in paupers’ cases, see Burris’ Indiana Stats. (1956 Repl.), § 13-1401 et seg., that officer declined to assist him.

The record before us does not disclose whether these allegations were made to, and passed on by, the Indiana Supreme Court in light of Griffin v. Illinois, supra.

Accordingly we vacate the order of dismissal and remand the case to it for further consideration of the appeal.

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Cited By

  • Coppedge v. United States, 369 U.S. 438 (U.S. 1962)
    …process and equal protection of the laws of the Fourteenth Amendment. See also Eskridge v. Washington State Board, 357 U. S. 214; Ross v. Schneckloth, 357 U. S. 575; Burns v. Ohio, 360 U. S. 252; Douglas v. Green, 363 U. S. 192; McCrary v. Indiana, 364 U. S. 277; Smith v. Bennett, 365 U. S. 708, in which comparable state rules and practices, effectively limiting the poor person’s access to courts ostensibly open to all, similarly have been found vulnerable. See Brown v. United States, 110 U. S. App. D. C.…

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