Petitioner alleges he was denied equal protection because as a
pauper he was unable to furnish and pay for transcript of trial
required by court rules to be filed with appeal in post-conviction
proceeding in state court, and also that he was denied services of
certiorari granted; order of dismissal vacated;
and case remanded for further consideration.
239 Ind. 707, 158 N.E.2d 292, vacated and remanded.
The motion for leave to proceed in forma pauperis
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
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
Stats. (1956 Repl.), § 13-1401 et seq.,
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,
Accordingly we vacate the order of dismissal and remand
the case to it for further consideration of the appeal.