Long v. District Court, 385 U.S. 192 (1966)

Long v. District Court of Iowa


No. 77


Argued November 9, 1966
Decided December 5, 1966
385 U.S. 192

CERTIORARI TO THE SUPREME COURT OF IOWA

Syllabus

Petitioner, an Iowa state prisoner, sought habeas corpus in the state court, claiming, inter alia, denial of counsel at preliminary hearing. After a hearing at which petitioner had no counsel, the trial court found against him on the facts. Thereafter, petitioner’s motions for counsel and for a free transcript of the habeas corpus proceeding for use on appeal were denied by the trial court on the ground that habeas corpus is a civil action. The Iowa Supreme Court refused to review the trial court’s denials of these motions.

Held: the State must furnish the indigent petitioner with a copy of the transcript, which is readily available, since an indigent cannot be deprived of appellate review of an adverse decision in a post-conviction proceeding as adequate as that afforded prisoners who can purchase a transcript.

Reversed and remanded.