George Van Baxter v. B. J. Rhay, as Superintendent of the Washington State Penitentiary at Walla Walla, Washington

Since Griffin v. Illinois, 351 U.S. 12 , 76 S.Ct. 585 , 100 L.Ed. 891 , 55 A.L.R.2d 1055 it is clear that Baxter has been entitled to take an appeal to the Supreme Court of Washington, although he could not finance the cost himself at the time he was convicted in 1955 in the state trial court, and apparently he cannot finance it now. He is under a sentence of imprisonment for life.

Our district court has granted conditional relief: that Baxter be released unless Washington arranges for an appeal on the state side. Not satisfied, he takes this appeal, insisting upon complete and final release. Also, there is an alternative question: Should a federal court release him on bail on his own recognizance pending the completion of the state appellate process?

During the pendency of this federal appeal, Baxter seemingly has done nothing to perfect the state appeal. Counsel for appellant, as he must, admits that Baxter prefers the federal side of the street.

Without ascribing any onus to Washington state courts, we do venture the opinion that the case of this man, along in years, under a life sentence does cry out for a speedy determination. It is not our province to say whether…