Willoughby v. State, 0-599

Decision Date14 June 1960
Docket NumberNo. 0-599,0-599
PartiesJohn WILLOUGHBY, Petitioner, v. STATE of Indiana, Respondent.
CourtIndiana Supreme Court

John Willoughby, pro se., Ind. State Prison, Michigan City, for appellant.

Edwin Steers, Atty. Gen., for appellee.

PER CURIAM.

This is an original action brought by petitioner to compel the Delaware Circuit Court to supply appellant with a complete certified transcript of the trial proceedings so that he may perfect an appeal. Petitioner also asks that the Public Defender be not permitted to intervene in the case without his expressed consent.

A similar situation arose in State ex rel. Casey v. Murray, 1952, 231 Ind. 74, 76, 106 N.E.2d 911, in which the court denied the appellant's writ by stating:

'* * * that since the state had created the office of Public Defender to represent pauper prisoners after the regular time for appeal had expired, prisoner is not entitled to a transcript of the record or the services of other counsel at public expense, but his record at public expense must be obtained through the Public Defender as prescribed by statute. Sections 13-1402 and 13-1405, Burns' 1942 Repl. (1951 Supp.)'

Petition denied.

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23 cases
  • Lindsey v. State, 30450
    • United States
    • Indiana Supreme Court
    • February 16, 1965
    ... ... Johnson v. Dowd (1963), Ind., 193 N.E.2d 906; cert. den. (1964), 376 U.S. 965, 84 S.Ct. 1127, 11 L.Ed.2d 982; Willoughby v. State (1961), 242 Ind. 183, 167 N.E.2d 881, 242 Ind. 183, 177 N.E.2d 465; cert. den. (1963), 374 U.S. 382, 83 S.Ct. 1876, 10 L.Ed.2d 1055 ... ...
  • McAllister v. State
    • United States
    • Indiana Appellate Court
    • October 10, 1974
  • White v. Lane
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • August 16, 1963
    ...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 as of right to the Supreme Court of Indiana fro......
  • Turner v. State, 31036
    • United States
    • Indiana Supreme Court
    • February 6, 1968
    ...duty only attaches where such counsel believes that there are meritorious grounds for a new trial and an appeal. Willoughby v. State (1961), 242 Ind. 183, 167 N.E.2d 881, rehearing den. 242 Ind. 185, 177 N.E.2d 465, cert. den. 374 U.S. 832, 83 S.Ct. 1876, 10 L.Ed.2d 1055; State ex rel. Maco......
  • Request a trial to view additional results

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