Eskridge v. Washington Prison Bd., 357 U.S. 214 (1958)

Eskridge v. Washington State Board of Prison Terms and Parole


No. 96


Argued May 19, 1958
Decided June 16, 1958
357 U.S. 214

CERTIORARI TO THE SUPREME COURT OF WASHINGTON

Syllabus

The Constitution of the State of Washington gives the accused in a criminal prosecution a right to appeal in all cases, and a state law authorizes the furnishing of a stenographic transcript of trial proceedings to an indigent defendant at public expense, if, in the opinion of the trial judge, "justice will thereby be promoted." Alleging substantial errors in his trial for murder, petitioner moved in 1935 for a free transcript, but it was denied. The State Supreme Court denied petitioner a writ of mandate directing the trial judge to furnish the transcript, and dismissed petitioner’s appeal for failure to file a transcript. In 1956, petitioner applied to the State Supreme Court for habeas corpus, charging that failure to furnish the free transcript had violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment, but the writ was denied.

Held: Petitioner was denied his constitutional rights under the Fourteenth Amendment; the judgment is reversed, and the cause is remanded for further proceedings. Griffin v. Illinois, 351 U.S. 12. Pp. 214-216.

Reversed and remanded.