Legal Opinion

Smith v. Bennett

Supreme Court of the United States

Decided April 17, 1961No. 174PublishedCited by 476 opinions

1Opinion of the CourtJustice Clark

The issue in these habeas corpus cases concerns the validity, under the Equal Protection Clause of the Fourteenth Amendment, of the requirement of Iowa law that necessitates the payment of statutory filing fees 1 by an indigent prisoner of the State before an application for a writ of habeas corpus or the allowance of an appeal in such proceedings will be docketed. As we noted in Burns v. Ohio, 360 U. S. 252, 256 (1959), “[t]he State's commendable frankness in [these] . . . case[s] has simplified the issues.” In its brief, the State conceded that “indigent convicted criminals are unable to…

2Cases cited4 opinions

  1. Griffin v. IllinoisSupreme Court of the United States · 1956
  2. Bowen v. JohnstonSupreme Court of the United States · 1939
  3. Burns v. OhioSupreme Court of the United States · 1959
  4. Ex Parte Tom TongSupreme Court of the United States · 1883

3Cited by476 opinions

  1. Coppedge v. United StatesSupreme Court of the United States · 1962
  2. North Carolina v. AlfordSupreme Court of the United States · 1970
  3. Lewis v. CaseySupreme Court of the United States · 1996
  4. Bounds v. SmithSupreme Court of the United States · 1977
  5. Fay v. NoiaSupreme Court of the United States · 1963

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