Jackson v. Reeves, 0-527
| Decision Date | 30 October 1958 |
| Docket Number | No. 0-527,0-527 |
| Citation | 153 N.E.2d 604,238 Ind. 708 |
| Parties | George E. JACKSON, Petitioner, v. Ollie C. REEVES, Judge, Vanderburgh Circuit Court, Respondent. |
| Court | Indiana Supreme Court |
George E. Jackson, pro se.
Petitioner was convicted of grand larceny on October 25, 1953. Thereafter he pro se filed successive proceedings in the same case which he described as error coram nobis and habeas corpus. The prayer of both actions was denied.
Petitioner asserts that the public defender refuses to represent him in his appeal and to procure the necessary record for that purpose. Petitioner now asks that he be allowed to appeal in both of said proceedings pro se in forma pauperis, and that this court order that a certified copy of the record be prepared for the purpose of the appeal.
This court was confronted with substantially the same issues in the case of Burnett v. State, 1956, 235 Ind. 698, 132 N.E.2d 458. In that case we stated the law as follows:
Obviously the public defender could not and should not be required to appeal all cases in which inmates of our penal institutions consider that error was committed in their respective cases. Therefore, of necessity he must be granted wide discretion as to whether the matters complained of present any appealable issue.
By petitioner's own statement the public defender has refused to prosecute his appeal. He does not substantiate this fact in his petition. Neither does he assert or attempt to assert that this refusal by the public defender constitutes a dereliction of his duty. For the reasons aforesaid there is nothing before this court for determination and the petition herein is dismissed.
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Lane v. Brown
...lawyer to get the transcript and prosecute the appeal. State ex rel. Casey v. Murray, 231 Ind. 74, 106 N.E.2d 911; Jackson v. Reeves, 238 Ind. 708, 153 N.E.2d 604; Willoughby v. State, Ind., 177 N.E.2d 465. The upshot is that a person with sufficient funds can appeal as of right to the Supr......
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White v. Lane
...lawyer to get the transcript and prosecute the appeal. State ex rel. Casey v. Murray, 231 Ind. 74, 106 N.E.2d 911; Jackson v. Reeves, 238 Ind. 708, 153 N.E.2d 604; Willoughby v. State, 242 Ind. 183, 167 N.E.2d 881 177 N.E.2d 465. The upshot is that a person with sufficient funds can appeal ......
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Smith v. State, 6772
...lawyer to get the transcript and prosecute the appeal. State ex rel. Casey v. Murray, 231 Ind. 74, 106 N.E.2d 911; Jackson v. Reeves, 238 Ind. 708, 153 N.E.2d 604; Willoughby v. State, (242) Ind. (183, 167 N.E.2d 881), 177 N.E.2d 465. The upshot is that a person with sufficient funds can ap......
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United States v. Lane
...the Public Defender is given wide discretion in deciding whether the matters complained of present any appealable issue. Jackson v. Reeves, 238 Ind. 708, 153 N.E.2d 604. The effect of the statute as interpreted by the Indiana Supreme Court is that a defendant who can afford to pay for a tra......