Opinion
No. 28,185.
Filed May 9, 1946.
CRIMINAL LAW — Coram Nobis — Appeal — Counsel Not Appointed by Supreme Court — Public Defender Available. — A person convicted of crime is not entitled to have counsel appointed by the Supreme Court to prosecute an appeal in a coram nobis proceeding, for the Legislature has provided a Public Defender to represent him to take an appeal in proper cases from a coram nobis judgment.
Original action by the State of Indiana, on the relation of Orville Wheelock, for a writ of mandamus to compel Allen Wiles, Judge of the Fayette Circuit Court, to appoint attorneys to prosecute an appeal for relator from a judgment in a coram nobis proceeding.
Petition Denied.
Orville Wheelock, pro se. Allen Wiles, pro se.
This is an original action wherein relator asks this court to mandate respondent to appoint attorneys to prosecute an appeal for relator from a judgment in a coram nobis proceeding.
Under State ex rel. Cutsinger v. Spencer, Judge (1941), 219 Ind. 148, 41 N.E.2d 601; State ex rel. Sawa v. Criminal Court of Lake County (1941), 220 Ind. 4, 50 N.E.2d 971; State ex rel. Barnes v. Howard (1946), ante, p. 107, 65 N.E.2d 55, relator is not entitled to have counsel appointed by this court to prosecute such appeal. The legislature has provided a public defender to represent relator and for him to appeal in proper cases from coram nobis judgments. Acts of 1945, ch. 38.
Relator therefore is not entitled to the relief asked and said petition should be and is hereby denied.