No. 263. PATTERSON, WARDEN, ET AL. v. MEDBERRY. The respondent's motion for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. Memorandum of MR. JUSTICE HARLAN. The denial of certiorari in this federal habeas corpus proceeding, which involves the conditional release of a state prisoner from a life sentence imposed upon him more than twenty-one years ago, justifies a brief comment. The action taken below was predicated on Colorado's alleged unconstitutional denial to petitioner, an asserted indigent, of a free transcript of the trial proceedings in connection with a 1940 appeal from his conviction. I find in this situation two important issues which, in my view, are or may be deserving of this Court's plenary consideration: (1) Was the Federal District Court entitled to re-examine the determination of the Colorado Supreme Court that petitioner was not indigent at the time a trial transcript was denied him, see Medberry v. Patterson, 142 Colo. 180, 186-187, 350 P. 2d 571, 575, and to make new findings that petitioner was then indigent? See Brown v. Allen, 344 U. S. 443, at 458, 463-464, 506; (2) Does the decision of this Court in Eskridge v. Washington State Board, 357 U. S. 214, require or justify retrospective application of the rule of Griffin v. Illinois, 351 U. S. 12, in circumstances where the State, without fault on its part, is now unable to supply petitioner with a trial transcript, or otherwise to satisfy the Griffin rule? Although the first of these questions is presently ripe for consideration by this Court, it can be said that the second question is prematurely tendered, in that, while it is not disputed that the State for reasons beyond its control is no longer able to furnish petitioner with a trial transcript, it does not yet appear that the State is unable to furnish petitioner with other means of perfecting an adequate appeal record. In these circumstances I acquiesce in the Court's denial of certiorari because such action will not, of course, preclude the State from showing below, if it can, that, without fault on its part, it is now unable to afford petitioner other adequate means of appeal, and from further recourse to this Court if necessary, with respect to either or both of the above questions. See Brown v. Allen, supra, at 456-457, 488-497. Duke W. Dunbar, Attorney General of Colorado, Frank E. Hickey, Deputy Attorney General, and J. F. Brauer, Assistant Attorney General, for petitioners. Reported below: 290 F. 2d 275. No. 279. HIGHLANDER FOLK SCHOOL ET AL. v. TENNESSEE EX REL. SLOAN, DISTRICT ATTORNEY GENERAL. Supreme Court of Tennessee. Certiorari denied. MR. JUSTICE BLACK took no part in the consideration or decision of this application. Cecil D. Branstetter and George E. Barrett for petitioners. George F. McCanless, Attorney General of Tennessee, Jack Wilson, Assistant Attorney General, and Albert F. Sloan, District Attorney General, for respondent. Reported below: 208 Tenn. 234, 345 S. W. 2d 667. No. 14, Misc. PIASCIK V. HEINZE, WARDEN. Supreme Court of California. Certiorari denied. Petitioner pro se. Stanley Mosk, Attorney General of California, Doris H. Maier, Assistant Attorney General, and Raymond M. Momboisse, Deputy Attorney General, for respondent. No. 15, Misc. O'NEAL v. MCGEE, CORRECTIONS DIRECTOR, ET AL. Supreme Court of California. Certiorari denied. Petitioner pro se. Stanley Mosk, Attorney General of California, Doris H. Maier, Assistant Attorney General, and Edsel W. Haws, Deputy Attorney General, for respondents. No. 13, Misc. MCALLISTER v. NEW JERSEY. Supreme Court of New Jersey. Certiorari denied. No. 289. PUBLIC SERVICE TELEVISION, INC., v. FEDERAL COMMUNICATIONS COMMISSION ET AL. Motion for damages and petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Norman E. Jorgensen and William I. Denning for petitioner. Solicitor General Cox, Assistant Attorney General Loevinger, Richard A. Solomon, Max Paglin, Daniel R. Ohlbaum and Ruth V. Reel for the Federal Communications Commission, and Robert A. Marmet for L. B. Wilson, Inc., respondents. Reported below: U. S. App. D. C., 296 F. 2d 375. No. 16, Misc. CREIGHTON v. NORTH CAROLINA. Supreme Court of North Carolina. Certiorari denied. Petitioner pro se. Thomas Wade Bruton, Attorney General of North Carolina, and Ralph Moody, Assistant Attorney General, for respondent. No. 18, Misc. ROBINSON v. SMYTH, PENITENTIARY SUPERINTENDENT. Supreme Court of Appeals of Virginia. Certiorari denied. Petitioner pro se. Reno S. Harp III, Assistant Attorney General of Virginia, for respondent. No. 24, Misc. WIGAND v. TAYLOR, WARDEN. C. A. 10th Cir. Certiorari denied. Petitioner pro se. Solicitor General Cox, Assistant Attorney General Marshall and Harold H. Greene for respondent. Reported below: 285 F. 2d 594. No. 22, Misc. GATEWOOD v. CALIFORNIA. Supreme Court of California. Certiorari denied. Petitioner pro se. Stanley Mosk, Attorney General of California, and Doris H. Maier, Assistant Attorney General, for respondent. No. 31, Misc. JAVOR v. MCGEE, CORRECTIONS DIRECTOR, ET AL. Supreme Court of California. Certiorari denied. Petitioner pro se. Stanley Mosk, Attorney General of California, and Arlo E. Smith, Deputy Attorney General, for respondents. No. 32, Misc. DOTSON v. BOLES, WARDEN. Supreme Court of Appeals of West Virginia. Certiorari denied. Petitioner pro se. C. Donald Robertson, Attorney General of West Virginia, and George H. Mitchell, Assistant Attorney General, for respondent. No. 34, Misc. DUNCAN v. MAINE. Supreme Judicial Court of Maine. Certiorari denied. Petitioner pro se. Frank E. Hancock, Attorney General of Maine, for respondent. No. 40, Misc. DIRECTOR, ET AL. JACKSON JACKSON V. MCGEE, CORRECTIONS Supreme Court of California. Certiorari denied. Petitioner pro se. Stanley Mosk, Attorney General of California, Doris H. Maier, Assistant Attorney General, and Raymond M. Momboisse, Deputy Attorney General, for respondents. No. 43, Misc. JACKSON V. KENTUCKY. Court of Appeals of Kentucky. Certiorari denied. Petitioner pro se. John B. Breckinridge, Attorney General of Kentucky, and Troy D. Savage, Assistant Attorney General, for respondent. Reported below: 344 S. W. 2d 381. No. 44, Misc. HARRIS v. ELLIS, CORRECTIONS DIRECTOR. C. A. 5th Cir. Certiorari denied. Petitioner pro Will Wilson, Attorney General of Texas, and Riley Eugene Fletcher and W. V. Geppert, Assistant Attorneys General, for respondent. se. No. 19, Misc. O'LEARY V. CITY OF AKRON. Supreme Court of Ohio. Certiorari denied. Reported below: 170 Ohio St. 366, 165 N. E. 2d 10. No. 45, Misc. HURST v. MCGEE, CORRECTIONS DIRECTOR, ET AL. Supreme Court of California. Certiorari denied. Petitioner pro se. Stanley Mosk, Attorney General of California, and Doris H. Maier, Assistant Attorney General, for respondents. C. A. No. 46, Misc. WELLS v. SACKS, WARDEN. 6th Cir. Certiorari denied. Petitioner pro se. Mark McElroy, Attorney General of Ohio, and Aubrey A. Wendt, Assistant Attorney General, for respondent. Reported below: 286 F. 2d 431. No. 48, Misc. FERNANDEZ ET AL. v. FLINT BOARD OF EDUCATION ET AL. C. A. 6th Cir. Certiorari denied. James A. Jameson and Joseph Kadans for petitioners. Ralph E. Gault for Flint Board of Education, and L. J. Carey for George Odien, Inc., respondents. Reported below: 283 F. 2d 906. No. 49, Misc. HUNTINGTON v. MICHIGAN. Supreme Court of Michigan. Certiorari denied. Petitioner pro se. Paul L. Adams, Attorney General of Michigan, Joseph B. Bilitzke, Solicitor General, and Robert Weinbaum and George Mason, Assistant Attorneys General, for respondent. No. 54, Misc. SPRATT v. MICHIGAN. Supreme Court of Michigan. Certiorari denied. Petitioner pro se. Paul L. Adams, Attorney General of Michigan, Joseph B. Bilitzke, Solicitor General, and Robert Weinbaum and George Mason, Assistant Attorneys General, for respondent. |