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SMITH v. BENNETT

No. 174.

365 U.S. 708 (1961)

SMITH v. BENNETT, WARDEN.

Supreme Court of United States.

Decided April 17, 1961.

Attorney(s) appearing for the Case

Luther L. Hill, Jr., acting under appointment by the Court, 363 U.S. 834, 838, argued the causes and filed a brief for petitioners in both cases.

Evan Hultman, Attorney General of Iowa, argued the causes and filed a brief for respondent in both cases.

MR. JUSTICE CLARK delivered the opinion of the Court.

The issue in these habeas corpus cases concerns the validity, under the Equal Protection Clause of the Fourteenth Amendment, of the requirement of Iowa law that necessitates the payment of statutory filing fees1 by an indigent prisoner of the State before an application for a writ of habeas corpus or the allowance of an appeal in such proceedings will be docketed. As we noted in

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