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SMITH V. BENNETT, 365 U. S. 708 (1961)

U.S. Supreme Court

Smith v. Bennett, 365 U.S. 708 (1961)

Smith v. Bennett

No. 174

Argued March 28, 1961

Decided April 17, 1961*

365 U.S. 708


Iowa statutes that require an indigent prisoner of the State to pay a filing fee before his application for a writ of habeas corpus ($4) or the allowance of his appeal ($3) in such proceedings will be docketed in a state court deny him the equal protection of the laws in violation of the Fourteenth Amendment. Burns v. Ohio, 360 U. S. 252. Pp. 365 U. S. 708-714.

Judgments vacated and causes remanded.

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