Smith v. Bennett
365 U.S. 708 (1961)

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U.S. Supreme Court

Smith v. Bennett, 365 U.S. 708 (1961)

Smith v. Bennett

No. 174

Argued March 28, 1961

Decided April 17, 1961*

365 U.S. 708

Syllabus

Iowa statutes that require an indigent prisoner of the State to pay a filing fee before his application for a writ of habeas corpus ($4) or the allowance of his appeal ($3) in such proceedings will be docketed in a state court deny him the equal protection of the laws in violation of the Fourteenth Amendment. Burns v. Ohio,360 U. S. 252. Pp. 365 U. S. 708-714.

Judgments vacated and causes remanded.

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