United States of America Ex Rel. Edward John Nowakowski v. James F. Maroney, Superintendent, State Correctional Institution

387 F.2d 324, 1967 U.S. App. LEXIS 3983

Opinions

OPINION OF THE COURT

PER CURIAM:

Pursuant to the mandate of the Supreme Court of the United States appellant’s petition for leave to appeal and to proceed in forma pauperis will be granted and the Clerk will be directed to proceed forthwith to docket the appeal and to file the record out of time.

We believe that in the circumstances of this case appellant’s petition for appointment of counsel should be granted and the appointment will be made in the order which will be entered pursuant to this opinion.

In his petition appellant also sought the right to file handwritten briefs. This request will be granted, and since his counsel may prefer to file typewritten briefs, leave to do so will also be given.

In addition to the argument on the merits of the- appeal counsel should present to the court in their respective briefs and arguments their views on the jurisdictional question which may exist with regard to the timeliness of the application for and granting of the certificate of probable cause and the time of filing of the notice of appeal.

We will order the case to be expedited so that when the briefs are filed the Clerk will give the appeal priority of listing before a panel of the Court.

An appropriate order will be entered.