White v. Lane
Citation | 321 F.2d 298 |
Decision Date | 16 August 1963 |
Docket Number | No. 14004.,14004. |
Parties | Archie A. WHITE, Petitioner-Appellant, v. Ward LANE, as Warden of Indiana State Prison, Respondent-Appellee. |
Court | U.S. Court of Appeals — Seventh Circuit |
Porter R. Draper, Gary, Ind., for appellant.
William D. Ruckelshaus, Asst. Atty. Gen., Edwin K. Steers, Atty. Gen. of Indiana, Indianapolis, Ind., for respondent-appellee.
Before SCHNACKENBERG, CASTLE and SWYGERT, Circuit Judges.
Archie A. White, petitioner, has appealed from an order of the district court entered June 15, 1962, which denied his petition for a writ of habeas corpus
The district court denied a certificate of probable cause, but this court on November, 23, 1962 granted leave to proceed in forma pauperis on appeal, and appointed counsel to represent petitioner in this court.
The petition for habeas corpus which was denied by the district court avers that he was arrested by the sheriff of Harrison County, Indiana, on a charge of incest, and the Harrison Circuit Court, on January 28, 1957, found him guilty and sentenced him to the Indiana State Prison for not less than two years and not more than twenty-one years; and he is now confined in said prison.
It further appears therefrom that, on January 31, 1958, petitioner filed a petition for a writ of error coram nobis in the Harrison Circuit Court, which denied the petition on December 8, 1958; that he thereupon, on April 8, 1959, filed an appeal to the Indiana Supreme Court, which denied him relief for the reason that he failed to comply with rule 2-2 of said court, 1958 Edition, under which the time within which to perfect an appeal expired on February 2, 1959.
It also appears therefrom that, on or about August 11, 1960, he filed an appeal to the Indiana Supreme Court from an adverse ruling on August 1, 1960 by the Harrison Circuit Court on his petition for appointment of counsel filed July 1, 1960. His appeal was denied on April 10, 1961, and a rehearing thereon was denied. The United States Supreme Court denied certiorari. 368 U.S. 970, 82 S.Ct. 446, 7 L.Ed.2d 399.
In answer to a letter which petitioner wrote, the chief justice of the Indiana Supreme Court on April 27, 1961, replied, post 3.
His petition for habeas corpus in the district court recited that the circuit court appointed James D. Williams as his counsel, and the public defender of Indiana refused to help petitioner in any manner.
In reference to his trial, petitioner stated that, after the jury brought in its verdict, attorney Williams asked if petitioner wanted him to appeal and that he told Williams, "Yes, because I am not guilty." He avers that Williams said "I will appeal it for you", but that is the last he heard from Williams.
Petitioner averred that, while confined in the state prison, he wrote the public defender of Indiana several letters asking for help in appealing his conviction and the public defender declined to assist him.
He attached to his petition an alleged reply of the public defender, dated July 16, 1957, addressed to petitioner, which we set forth below:
Petitioner alleged that on April 24, 1961, he wrote to the chief justice of the Indiana Supreme Court, "asking why Petitioner for Appointment of Counsel was denied on April 10, 1961", to which Chief Justice Arch N. Bobbitt replied on April 27, 1961, as follows:
Petitioner replied to the chief justice on May 4, 1961, saying in part:
1. Belated appeals are recognized by Burns' Indiana Statutes, Anno., Vol. 4, Part I, § 9-3305 (1956 Repl.), which reads:
2. In Lane v. Brown, 372 U.S. 477, at 479, 83 S.Ct. 768, at 770, 9 L.Ed.2d 892 (1963), the court considered the Indiana statutory provisions for a public defender, saying:
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