Donald K. Hess v. Olin G. Blackwell, Warden

I respectfully dissent.

The record in this case in the court below consisted only of three motions1 and a notice of appeal filed by appellant and of the court’s orders in regard thereto. Each time appellant filed a motion, the court was of the opinion that it was apparent from the face thereof that appellant was not entitled to the relief sought, and entered an order denying it without an evidentiary hearing.2 The appeal in forma pauperis came to this Court on appellant’s pleadings and notice of appeal3 and the three orders of the trial court dated October 13, November 13 and December 7, 1967,…