409 U.S. 937 (1972)

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U.S. Supreme Court

HADLEY v. ALABAMA , 409 U.S. 937 (1972)

409 U.S. 937

State of ALABAMA.
No. 71-6888.

Supreme Court of the United States

October 16, 1972

On petition for writ of certiorari to the Supreme Court of Alabama.

The petition for a writ of certiorari is denied.

Mr. Justice DOUGLAS, dissenting.

I vote to hear this case because I assume that equal protection and due process of law under our Constitution apply to the rich as well as to the poor, to whites as well as to the minorities. [Footnote 1]

In Alabama a certified transcript or sufficient statement of the evidence must be filed within 60 days from the taking of an appeal or from the trial court's ruling on

Page 409 U.S. 937 , 938

a motion for new trial, whichever is later. [Footnote 2] Petitioner filed his transcript three days beyond the deadline. The Courts of Appeals dismissed his appeal as out of time. Hadley v. State, 47 Ala.App. 738, 259 So.2d 853 ( 1971).

The Supreme Court of the State of Alabama affirmed, with three justices dissenting. Ex parte Hadley. Under the case law of the Supreme Court of Alabama, had petitioner been an indigent, such tardiness would not have prevented appeal. In Leonard v. State, 43 Ala.App. 454, 192 So.2d 461 (1966), the transcript of evidence was filed approximately sixteen (16) days after its due date. The court did not dismiss for tardiness but laid down a new procedure '. . . this court will not honor requests to strike when a lower court . . . has ordered a free transcript. See Rule 48.' Such motion to dismiss was also denied in Brummitt v. State, 44 Ala.App. 78, 203 So.2d 133 (1967), where the court allowed a late filing on a showing of indigency the day after defendant's arrest, although no formal adjudication of indigency was ever made.

The question petitioner Hadley raises here and raised in the Alabama Supreme Court below, is whether by case law, a State can give more time for filing of a transcript [409 U.S. 937 , 939]

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