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364 US 277 McCrary v. State of Indiana

364 U.S. 277

80 S.Ct. 1410

4 L.Ed.2d 1706

John Clifford McCRARY, Petitioner,
v.
STATE OF INDIANA.

No. 417, Misc.

Decided June 27, 1960.

John Clifford McCrary, pro se.

Messrs. Edwin K. Steers, Atty. Gen. of Indiana, and Richard M. Givan, Deputy Atty. Gen., for respondent.

PER CURIAM.

1

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. People of State of Illinois, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891, 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 Burns' Indiana Stats. (1956 Repl.), § 13—1401 et seq., 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. People of State of Illinois, supra. Accordingly we vacate the order of dismissal and remand the case to it for further consideration of the appeal.

2

Order vacated and case remanded.