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MILLER v. SMITH

No. 95-7521.

115 F.3d 1136 (1997)

Bernard Eric MILLER, Petitioner-Appellant, v. William SMITH; Attorney General of the State of Maryland, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 23, 1997.

Attorney(s) appearing for the Case

ARGUED: Laurack Doyle Bray, Washington, DC, for Appellant. Carmen Mercedes Shepard, Office of the Attorney General of Maryland, Baltimore, MD, for Appellees. ON BRIEF: J. Joseph Curran, Jr., Attorney General of Maryland, Evelyn O. Cannon, Assistant Attorney General, Kathleen Hoke Dachille, Assistant Attorney General, Baltimore, MD, for Appellees.

Before WILKINSON, Chief Judge, and RUSSELL, WIDENER, HALL, MURNAGHAN, ERVIN, WILKINS, HAMILTON, LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by published opinion. Judge HAMILTON wrote the majority opinion, in which Chief Judge WILKINSON and Judges RUSSELL, WIDENER, WILKINS, LUTTIG, and WILLIAMS joined. Judge MURNAGHAN wrote a dissenting opinion, in which Judges HALL and MICHAEL joined.

OPINION

HAMILTON, Circuit Judge:

Under Maryland law, as a prerequisite to obtaining a free trial transcript in connection with an appeal, an indigent criminal defendant must first apply for legal...

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