Ex Parte Elmer Davis

Background

A man who previously asked for permission to file a federal habeas petition had a separate state post-conviction filing called a writ of error coram nobis dismissed after the trial court sustained a demurrer on December 29, 1942. He says he has appealed that dismissal to the Supreme Court of Indiana. He also says a request to receive a transcript of the coram nobis proceeding free of charge, because he is poor, was denied, and that without the transcript he cannot pursue his state appeal.

Reasoning

The Court explained it would not assume the Indiana Supreme Court will refuse to use its own procedures to obtain the parts of the record needed to decide the appeal, or that the state court will refuse to finally dispose of the appeal. The Justices said the state appellate remedies had not been fully exhausted because the Indiana Supreme Court had not yet acted on the request for an order finally disposing of the appeal. The Court noted that if the Indiana court rules against the man, he could then seek review here by asking for a writ of certiorari. On that basis, the Court denied the present application without prejudice, meaning the man may return after state remedies are finished.

Real world impact

The decision requires the person to complete the state appeal and let the Indiana courts address the transcript issue before asking this Court to intervene. The ruling is procedural and temporary; it does not decide the merits of the underlying claims and leaves open later federal review if state remedies are exhausted.