Bennett v. Hogan
414 U.S. 12 (1973)

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U.S. Supreme Court

Bennett v. Hogan, 414 U.S. 12 (1973)

Bennett v. Hogan

No. 72-6449

Decided October 23, 1973

414 U.S. 12

Syllabus

Since the Court of Appeals was apparently unaware of the indigent petitioner's initial request for appointment of counsel to represent him on appeal from a conviction, and mistakenly believed that he had never filed a financial affidavit with the trial court, petitioner's habeas corpus application, brought to this Court after the Court of Appeals had dismissed his appeal, is treated as a petition for certiorari, which is granted, and the case is remanded to the Court of Appeals to determine whether the appeal had been improvidently dismissed.

Certiorari granted; vacated and remanded.

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