Roy Jacey Evans v. Ward Lane, Indiana State Prison, Succeeded by Russell Lash Since This Cause Was Initiated

KERNER, Circuit Judge.

Petitioner appeals from the denial, without a hearing, of his Habeas Corpus Petition, brought pursuant to 28 U.S.C. § 2254. On appeal petitioner asserts two independent grounds for relief. First, it is urged that the case be remanded for a hearing to determine whether the petitioner knowingly and intelligently waived his constitutional right to a full direct appeal. Second, it is urged that the Indiana post-conviction procedures contained in Indiana Supreme Court Rules 2-40 and 2-40A 2 are violative of the equal protection and due process clauses of the fourteenth…