kuhlmann wilson argued january decided june arraignment charges arising robbery murder new york respondent confined cell prisoner named benny lee previously agreed act police informant respondent made incriminating statements lee reported police prior trial new york respondent moved suppress statements ground obtained violation sixth amendment right counsel evidentiary hearing trial denied motion finding lee obeyed police officer instructions listen respondent purpose identifying confederates robbery murder question respondent crimes also found respondent statements lee spontaneous unsolicited respondent convicted sentenced imprisonment commonlaw murder felonious possession weapon appellate division affirmed respondent sought federal habeas corpus relief asserting statements lee obtained police investigative methods violated sixth amendment rights district denied writ appeals affirmed decision henry applied deliberately elicited test massiah suppress statements made paid jailhouse informant respondent unsuccessfully sought conviction vacated state courts basis sixth amendment claim respondent filed instant habeas corpus petition federal district asserting sixth amendment claim district denied relief appeals reversed initial matter appeals concluded sanders ends justice required consideration petition habeas corpus notwithstanding adverse determination merits respondent sixth amendment claim earlier federal habeas corpus proceedings held henry respondent entitled relief held judgment reversed case remanded reversed remanded justice powell delivered opinion respect parts iv concluding appeals erred holding respondent entitled relief henry supra left open question whether sixth amendment forbids admission evidence accused statements jailhouse informant placed close proximity made effort stimulate conversations crime charged pp primary concern massiah henry line decisions secret interrogation investigatory techniques equivalent direct police interrogation since sixth amendment violated whenever luck happenstance state obtains incriminating statements accused right counsel attached defendant make violation right simply showing informant either prior arrangement voluntarily reported incriminating statements police rather defendant must demonstrate police informant took action beyond merely listening designed deliberately elicit incriminating remarks pp circumstances case appeals conclusion respondent right counsel violated police deliberately elicited incriminating statements clear error light provisions intent requires state trial factual findings accorded presumption correctness pp justice powell joined chief justice justice rehnquist justice delivered opinion respect parts ii iii concluding appeals erred holding ends justice served entertaining respondent present successive petition habeas corpus district appeals dismissed successive petition ground prior judgment denying relief respondent identical sixth amendment claim final sanders derived ends justice test directly language statute left another day task defining considerations properly support decision entertain successive petition although makes reference ends justice phrase still may used generally describe standard identifying cases successive review may appropriate however specific guidance given federal courts kind proof state prisoner must offer establish ends justice served relitigation claims previously decided balancing state interests finality convictions prisoner interest access forum compels conclusion ends justice served successive review petitioner supplements constitutional claim colorable showing factual innocence prisoner must make evidentiary showing even though argued case evidence guilt may unlawfully admitted appeals conceded evidence respondent guilt nearly overwhelming respondent constitutional claim raise question guilt innocence pp steven kartagener argued cause petitioner briefs mario merola jeremy gutman philip weber argued cause filed brief respondent justice powell announced judgment delivered opinion respect parts iv opinion respect parts ii iii chief justice justice rehnquist justice join case requires us define circumstances federal courts entertain state prisoner petition writ habeas corpus raises claims rejected prior petition relief early morning july respondent two confederates robbed star taxicab garage bronx new york fatally shot night dispatcher shortly employees garage observed respondent former employee premises conversing two men also witnessed respondent fleeing robbery carrying loose money arms eluding police four days respondent turned respondent admitted present crimes took place claimed witnessed robbery gave police description robbers denied knowing respondent also denied involvement robbery murder claiming fled afraid blamed crimes arraignment respondent confined bronx house detention placed cell prisoner named benny lee unknown respondent lee agreed act police informant respondent made incriminating statements lee reported police prior trial respondent moved suppress statements ground obtained violation right counsel trial held evidentiary hearing suppression motion revealed statements made following circumstances respondent arrived jail lee entered arrangement detective cullen according lee agreed listen respondent conversations report remarks cullen since police positive evidence respondent participation purpose placing lee cell determine identities respondent confederates cullen instructed lee ask respondent questions simply keep ears open names perpetrators respondent first spoke lee crimes looked cellblock window star taxicab garage crimes occurred respondent said someone messing began talking lee robbery narrating story given police time arrest lee advised respondent explanation sound good respondent alter story next days however respondent changed details original account respondent received visit brother mentioned members family upset believed respondent murdered dispatcher visit respondent described crimes lee respondent admitted two men never identified planned carried robbery murdered dispatcher lee informed cullen respondent statements furnished cullen notes written surreptitiously sharing cell respondent hearing testimony cullen lee trial found cullen instructed lee ask questions respondent crime merely listen respondent might say presence determined lee obeyed instructions time asked questions respect crime listened respondent made notes regarding respondent say trial also found respondent statements lee spontaneous unsolicited state precedent defendant volunteered statements police agent admissible evidence police required prevent talkative defendants making incriminating statements see people kaye trial accordingly denied suppression motion jury convicted respondent murder felonious possession weapon may trial sentenced term years life murder count concurrent term years weapons count appellate division affirmed without opinion people wilson app div new york appeals denied respondent leave appeal december respondent filed petition federal habeas corpus relief respondent argued among things statements lee obtained pursuant police investigative methods violated constitutional rights considering massiah district southern district new york denied writ january record demonstrated interrogation whatsoever lee spontaneous statements respondent district view fact preclude sixth amendment violation divided panel appeals second circuit affirmed wilson henderson noted defendant denied sixth amendment rights trial admits evidence incriminating statements state agents deliberately elicited indicted absence counsel quoting massiah supra relying part brewer williams reasoned deliberately elicited test massiah requires something incriminating statements uttered absence counsel facts found state trial entitled presumption correctness held respondent established violation sixth amendment rights denied petition writ certiorari wilson henderson following decision henry applied massiah test suppress statements made paid jailhouse informant respondent decided relitigate sixth amendment claim september filed state trial motion vacate conviction judge denied motion grounds henry factually distinguishable case state precedent henry given retroactive effect see people pepper appellate division denied respondent leave appeal july respondent returned district southern district new york habeas petition arguing admission evidence incriminating statements lee violated sixth amendment rights respondent contended decision henry constituted new rule law applied retroactively case district found unnecessary consider retroactivity decided henry undermine appeals prior disposition respondent sixth amendment claim noting henry reserved question whether constitution forbade admission evidence accused statements informant made effort stimulate conversations crime charged see henry supra district believed case presented open question question must answered negatively district noted trial findings presumptively correct see fully supported record concluded findings fatal respondent claim henry since showed lee made affirmative effort kind elicit information respondent different divided panel appeals reversed wilson henderson initial matter stated sanders ends justice required consideration petition notwithstanding fact prior panel determined merits adversely respondent reasoned circumstances respondent made incriminating statements lee indistinguishable facts henry finally decided henry fully applicable announce new constitutional rule merely applied settled principles new facts therefore concluded judges considered rejected respondent claim erred remanded case district instructions order respondent release prison unless state elected retry granted certiorari consider appeals decision ends justice required consideration successive habeas corpus petition application decision henry facts case reverse ii concluding appropriate entertain respondent successive habeas corpus petition appeals relied upon sanders announced guidelines federal courts follow presented habeas petitions equivalent claimed successive abuse writ narrow question sanders whether federal prisoner motion properly denied without hearing ground motion constituted successive application undertook answer question also explore standard govern district courts consideration successive petitions sanders framed inquiry terms requirements ends justice advising district courts dismiss habeas petitions equivalent raising claims determined adversely prisoner prior petition ends justice served reaching merits subsequent application making clear burden proof issue rests prisoner sanders provided little specific guidance kind proof prisoner must offer establish ends justice served relitigation claims previously decided appeals decision case demonstrates need provide guidance opinion appeals sheds light important threshold question merely declaring ends justice required successive federal habeas corpus review failure provide clear guidance leaves district judges large disposing applications writ habeas corpus creating danger engage exercise law arbitrariness brown allen opinion frankfurter therefore must define considerations govern federal courts disposition successive petitions habeas corpus since congress first authorized federal courts issue writ behalf persons state custody often called upon interpret language statutes defining scope jurisdiction may helpful review cases construing frequently used statutes answer specific question us today early years century substantive scope federal habeas corpus statutes defined reference scope writ common law courts inquiry habeas limited exclusively jurisdiction sentencing tribunal stone powell see wainwright sykes see also oaks legal history high habeas corpus rev thus finality judgment committing competent jurisdiction accorded absolute respect habeas review see schneckloth bustamonte powell concurring century gradually expanded grounds habeas corpus relief available authorizing use writ challenge convictions prisoner claimed violation certain constitutional rights see wainwright sykes supra stone powell supra initially accomplished expansion purporting adhere inquiry sentencing jurisdiction wainwright sykes ultimately abandoned concept jurisdiction acknowledged habeas review available claims disregard constitutional rights accused writ effective means preserving rights quoting waley johnston decisions limited expanding scope writ significantly stone powell removed reach federal habeas statutes state prisoner claim evidence obtained unconstitutional search seizure introduced trial unless prisoner show state failed provide opportunity full fair litigation fourth amendment claim footnotes omitted although previously accepted jurisdiction search seizure claims persuaded advance legitimate goal furthering fourth amendment rights application judicially created exclusionary rule federal habeas outweighed acknowledged costs values vital rational system criminal justice among costs diversion attention participants criminal trial ultimate question guilt innocence exclusion reliable evidence often probative information bearing guilt innocence defendant decision except category claims habeas corpus review created danger denying safeguard compelling innocent man suffer unconstitutional loss liberty rather convicted defendant pressed search seizure claim collateral attack usually asking society redetermine issue ha bearing basic justice incarceration decisions past two three decades construing reach habeas statutes whether reading statutes broadly narrowly reaffirmed habeas corpus traditionally regarded governed equitable principles fay noia citing ex rel smith baldi dissenting opinion see stone powell supra uniformly guided proposition writ available afford relief persons society grievously wronged light modern concepts justice fay noia supra see stone powell supra notions justice prevailing inception habeas corpus offended conviction issued lacked jurisdiction modern conscience found intolerable convictions obtained violation certain constitutional commands never defined scope writ simply reference perceived need assure individual accused crime afforded trial free constitutional error rather performed statutory task sensitive weighing interests implicated federal habeas corpus adjudication constitutional claims determined adversely prisoner state courts engle isaac stone powell supra fay noia supra iii sanders drew phrase ends justice directly version effect provision governed petitions filed federal state prisoners stated relevant part federal judge shall required entertain application writ habeas corpus inquire detention person appears legality detention determined federal prior application writ habeas corpus petition presents new ground theretofore presented determined judge satisfied ends justice served inquiry ed emphasis added accordingly describing guidelines successive petitions sanders little quote language statute leaving another day task giving language substantive content congress carefully reviewed habeas corpus statutes amended provisions including section construe today governs successive petitions filed state prisoners section makes reference ends justice provides federal courts need entertain subsequent applications state prisoners unless application alleges predicated factual ground adjudicated prior application unless satisfied applicant earlier application deliberately withheld newly asserted ground otherwise abused writ construing language cognizant congress adopted section light need often recognized weigh interests individual prisoner sometimes contrary interests state administering fair rational system criminal laws legislative history demonstrates congress intended amendments including introduce greater degree finality judgments habeas corpus proceedings senate report congress concerned steadily increasing burden imposed federal courts applications state prisoners writs habeas corpus see house report many instances heavy burden created applications unnecessary state prisoners filing applications either containing allegations identical asserted previous application denied predicated upon grounds obviously well known filed preceding application senate report see house report senate report explicitly purpose amendments alleviate unnecessary burden adding section provisions qualified application doctrine res judicata senate report see house report house also expressed concern increasing number habeas applications state prisoners greatly interfered procedures processes state courts delaying many cases proper enforcement judgments based amendments legislative history petitioner argues federal courts longer must consider ends justice dismissing successive petition reject argument clear congress intended district courts general rule give preclusive effect judgment denying merits habeas petition alleging grounds identical substance raised subsequent petition permissive language gives federal courts discretion entertain successive petitions circumstances moreover rule rules governing section cases district courts amended contains similar permissive language providing district may dismiss second successive petition allege new different grounds relief consistent congress intent enacting however advisory committee note rule federal courts entertain successive petitions rare instances unless rare instances identified whim caprice district judges must given guidance determining exercise limited discretion granted accordingly means identifying rare case federal courts exercise discretion hear successive petition continue rely reference sanders ends justice task provide definition ends justice accommodate congress intent give finality federal habeas judgments historic function habeas corpus provide relief unjust incarceration consider limited circumstances interests prisoner relitigating constitutional claims held meritless prior petition may outweigh countervailing interests served according finality prior judgment turn first interests prisoner prisoner may vital interest second chance test fundamental justice incarceration even many judges reviewed prisoner claims several proceedings provided state first petition federal habeas corpus determined trial free constitutional error prisoner retains powerful legitimate interest obtaining release custody innocent charge incarcerated interest extend however prisoners whose guilt conceded plain justice harlan observed guilty prisoner interest insuring point certainty comes end litigation attention ultimately focused whether conviction free error rather whether prisoner restored useful place community sanders dissenting balanced prisoner interest access forum test basic justice confinement interests state administration criminal statutes finality serves many important interests availability unlimited federal collateral review guilty defendants frustrates state legitimate interest deterring crime since deterrent force penal laws diminished extent persons contemplating criminal activity believe possibility escape punishment repetitive collateral attacks see engle isaac similarly finality serves state goal rehabilitating commit crimes ehabilitation demands convicted defendant realize justly subject sanction stands need rehabilitation quoting bator finality criminal law federal habeas corpus state prisoners harv rev see schneckloth bustamonte powell concurring finality also serves state legitimate punitive interests prisoner freed successive petition often many years crime state may unable successfully retry peyton rowe result unacceptable state must forgo conviction guilty defendant erosion memory dispersion witnesses occur passage time invariably attends collateral attack engle isaac supra friendly innocence irrelevant collateral attack criminal judgments chi rev light historic purpose habeas corpus interests implicated successive petitions federal habeas relief state conviction conclude ends justice require federal courts entertain petitions prisoner supplements constitutional claim colorable showing factual innocence standard proposed judge friendly decade ago prerequisite federal habeas review generally friendly supra judge friendly persuasively argued requirement prisoner come forward colorable showing innocence identifies habeas petitioners justified seeking relief incarceration adopt standard effectuate clear intent congress successive federal habeas review granted rare cases available ends justice require prisoner may make requisite showing establishing probative evidence colorable claim factual innocence prisoner must make evidentiary showing even though argued case evidence guilt may unlawfully admitted applying foregoing standard case hold appeals erred concluding ends justice served consideration respondent successive petition conceded evidence respondent guilt nearly overwhelming constitutional claim argued respondent raise question guilt innocence district appeals dismissed successive petition ground prior judgment denying relief identical claim final iv even appeals correctly decided entertain successive habeas petition conclude erred holding respondent entitled relief henry district observed henry left open question whether sixth amendment forbids admission evidence accused statements jailhouse informant placed close proximity made effort stimulate conversations crime charged review line cases beginning massiah shows question must district properly decided answered negatively decision massiah roots two concurring opinions written spano new york see maine moulton following indictment murder defendant spano retained lawyer surrendered authorities leaving defendant police custody counsel cautioned respond interrogation prosecutor police questioned defendant persisting face repeated refusal answer repeated request speak lawyer lengthy interrogation involved improper police tactics defendant ultimately confessed following trial confession admitted evidence defendant convicted sentenced death agreeing confession involuntary thus improperly admitted evidence fourteenth amendment concurring justices also took position defendant right counsel violated secret interrogation douglas concurring justice stewart observed indicted person right assistance counsel throughout proceedings defendant denied right subjected inquisition police ignored repeated requests lawyer ibid massiah adopted reasoning concurring opinions spano held defendant sixth amendment right counsel attached denied right federal agents deliberately elicit incriminating statements absence lawyer adopted test rather one turned simply whether statements obtained interrogation protect accused persons indirect surreptitious interrogations well conducted jailhouse case massiah seriously imposed upon even know interrogation government agent quoting massiah hays dissenting part thus made clear concerned interrogation investigative techniques equivalent interrogation viewed technique issue massiah henry applied massiah test incriminating statements made jailhouse informant appeals case found violation massiah informant engaged defendant conversations developed relationship trust confidence defendant defendant revealed incriminating information affirmed holding appeals reasonably concluded government informant deliberately used position secure incriminating information defendant counsel present although informant questioned defendant informant stimulated conversations defendant order elicit incriminating information see emphasized facts like facts massiah amounted indirect surreptitious interrogatio defendant earlier term applied massiah standard case involving incriminating statements made circumstances substantially similar facts massiah maine moulton defendant made incriminating statements meeting accomplice agreed cooperate police meeting accomplice wore wire transmitter record conversation discussed defendant charges pending repeatedly asked defendant remind details crime encouraged defendant describe plan killing witnesses concluded investigatory techniques denied defendant right counsel pending charges significantly emphasized relationship defendant informant informant engaging defendant active conversation upcoming trial certain elicit incriminating statements defendant thus informant participation conversation functional equivalent interrogation ibid quoting henry powell concurring recent examination sixth amendment issue moulton makes clear primary concern massiah line decisions secret interrogation investigatory techniques equivalent direct police interrogation since sixth amendment violated whenever luck happenstance state obtains incriminating statements accused right counsel attached citing henry supra powell concurring defendant make violation right simply showing informant either prior arrangement voluntarily reported incriminating statements police rather defendant must demonstrate police informant took action beyond merely listening designed deliberately elicit incriminating remarks thus apparent appeals erred concluding respondent right counsel violated circumstances case error stem disagreement district appropriate resolution question reserved henry rather implicit conclusion case present open question conclusion based fundamental mistake namely appeals failure accord state trial factual findings presumption correctness expressly required patton yount sumner mata state found officer cullen instructed lee listen respondent purpose determining identities participants robbery murder police already solid evidence respondent participation found lee followed instructions time asked questions respondent concerning pending charges listened respondent spontaneous unsolicited statements remark made lee support record comment respondent initial version participation crimes sound good without holding state findings entitled presumption correctness appeals focused one remark gave description lee interaction respondent completely odds facts found trial appeals view ubtly slowly surely lee ongoing verbal intercourse respondent served exacerbate respondent already troubled state mind thus revising trial findings ignoring relevant findings appeals concluded police deliberately elicited respondent incriminating statements ibid conclusion conflicts decision every state federal judge reviewed record clear error light provisions intent judgment appeals reversed case remanded proceedings consistent opinion ordered footnotes respondent testify suppression hearing appeals observed suppression respondent statements serve useful purpose cullen engaged reprehensible police behavior rather made conscious effort protect respondent constitutional rights massiah pursuing crucial homicide investigation wilson henderson judge oakes dissented arguing deliberately elicited test massiah proscribed admission evidence accused statements obtained pursuant investigatory tactics used trial judge found henry distinguishable jailhouse informant case paid reporting defendant statements police judge van graafeiland dissenting observed majority conceded change law transformed conduct formerly held constitutional conduct unconstitutional thus majority rejection conclusion reached judges previously considered respondent claim based refusal accept trial factual determinations dissent criticized majority disregarding presumption state factual findings correct without adequate explanation findings fairly supported record judge van graafeiland view boilerplate statement ends justice justify reconsideration merits warrant rejection gone ibid citations omitted terms successive petition abuse writ distinct meanings successive petition raises grounds identical raised rejected merits prior petition see sanders decision today concerns circumstances district courts properly entertain merits petition concept abuse writ founded equitable nature habeas corpus thus prisoner files petition raising grounds available relied upon prior petition engages conduct disentitle relief seeks federal may dismiss subsequent petition ground prisoner abused writ judiciary act ch stat first grant jurisdiction federal courts included authority issue writ habeas corpus ad subjiciendum behalf federal prisoners congress authorized federal courts grant habeas relief persons custody act ch stat see stone powell contrary suggestion justice brennan dissent cases deciding federal habeas review ordinarily extend procedurally defaulted claims plainly concern general scope writ post point decisions balancing competing interests implicated affording federal collateral relief persons state custody federal courts exercise habeas corpus jurisdiction certain category constitutional claims whether claims meritorious whether one characterizes decisions carving exception federal habeas jurisdiction dissent apparently prefers post concerning scope jurisdiction result reached framework analysis weighed pertinent interests similarly fay noia justice brennan opinion expressly made practical appraisal state interest system procedural forfeitures weighing interest interests implicated federal collateral review procedurally defaulted claims course noia adopted expansive reading scope writ undercut fact balancing competing interests governs successive petitions filed federal prisoners congress preserved virtually intact language former including reference ends justice title provides evidentiary hearing merits material factual issue hearing merits issue law person custody pursuant judgment state denied justice judge release custody remedy application writ habeas corpus subsequent application writ habeas corpus behalf person need entertained justice judge unless application alleges predicated factual ground adjudicated hearing earlier application writ unless justice judge satisfied applicant earlier application deliberately withheld newly asserted ground otherwise abused writ sensitivity interests implicated federal habeas corpus review implicit statutory command federal courts shall dispose matter law justice require emphasis added senate report incorporates letter senior circuit judge orie phillips senator joseph tydings need legislation demonstrated fact number applications writs habeas corpus federal courts state prisoners increased fiscal applications writ filed state prisoners fiscal applications filed fiscal applications filed first months fiscal applications filed yet less percent applications decided federal district courts favor applicant writ percent held without merit senate report since burden imposed applications federal habeas corpus filed state prisoners continued increase total applications filed applications filed annual report director administrative office courts advisory committee note relies ends justice inquiry described sanders identify unusual case successive petition heard deterrence depends upon expectation one violating law swiftly certainly become subject punishment punishment engle isaac quoting bator finality criminal law federal habeas corpus state prisoners harv rev prisoner secures release successive petition delay crime retrial following issuance writ often substantial delay case illustrative respondent committed robbery murder convicted direct appeal completed intervening years largely consumed federal habeas corpus review past four years devoted relitigation respondent claim admission evidence statements lee violated sixth amendment finality serves goals important system criminal justice federalism unlimited availability federal collateral attack burdens criminal justice system successive petitions divert time judges prosecutors lawyers important task trying criminal cases friendly innocence irrelevant collateral attack criminal judgments chi rev see engle isaac supra federal habeas review creates friction state federal courts state judges however able thorough know judgments may set aside single federal judge years entered affirmed direct appeal see moreover federal system possess primary authority defining enforcing criminal law hold initial responsibility vindicating constitutional rights federal intrusions state criminal trials frustrate sovereign power punish offenders attempts honor constitutional rights citing schneckloth bustamonte powell concurring despite costs congress continued afford federal habeas relief appropriate cases recognizing need free society additional safeguard compelling innocent person suffer unconstitutional loss liberty stone powell judge friendly explained prisoner make colorable showing innocence showing might even convicted absence evidence claimed unconstitutionally obtained friendly supra rather prisoner must show fair probability light evidence including alleged illegally admitted due regard unreliability evidence tenably claimed wrongly excluded become available trial trier facts entertained reasonable doubt guilt ibid omitted thus question whether prisoner make requisite showing must determined reference probative evidence guilt innocence justice brennan dissenting opinion mischaracterizes opinion several respects dissent plurality implies federal habeas review available matter right prisoner alleges first federal petition properly preserved constitutional claim post emphasis added case involves opinion describes standard applicable successive petitions federal habeas corpus relief thus first six pages dissent little relevance case justice brennan merely reiterates length views general scope federal habeas corpus jurisdiction explanation views apply district judge required consider habeas corpus petition presenting issue decided merits previous federal habeas proceeding dissent mistakenly asserts reject sanders holding question whether successive review proper decided sound discretion standard post stated permissive language course gives federal courts discretion decide whether entertain successive petition since sanders courts relied phrase ends justice general standard identifying cases successive review may appropriate sanders left open dissent today ignores critical question considerations inform decision successive review issue previously decided serve ends justice dissent today purports provide substance sanders standard requiring good justification relitigation claim previously decided standard provides real guidance federal courts confronted successive claims habeas corpus relief need standard see supra maine moulton reserved question declining reach situation informant acts simply listening post without participat ing active conversation prompt ing particular replies defendant massiah made incriminating statements conversation one confederates secretly agreed permit government agents listen conversation radio transmitter agents instructed confederate engage massiah conversation relating alleged crimes massiah hays dissenting part observed however defendant makes ncriminating statements pertaining crimes sixth amendment right yet attached statements course admissible trial offenses eyewitnesses identified respondent man saw fleeing garage armful money majority respond judge van graafeiland criticism dispense presumption state factual findings correct without adequate explanation findings fairly supported record citations omitted curiously appeals expressed concern respondent placed cell overlooked scene crimes record shows however fact sheer coincidence perceive reason require police isolate one charged crime view scene whatever may cell window chief justice burger concurring agree fully opinion judgment case clearly distinguishable henry vast difference placing ear suspect cell placing voice cell encourage conversation ear record furthermore abuse great writ needs curbed limit put stop sporting contest theory criminal justice widely practiced today justice brennan justice marshall joins dissenting believe appeals correctly concluded ends justice served plenary consideration respondent second federal habeas petition henry directly controls merits case dissent sanders held federal may refuse entertain successive petition habeas relief equivalent ends justice served reaching merits subsequent application decision whether hear successive petition stated committed sound discretion federal trial judges declined define precisely ends justice observing phrase finely particularized today four members argue reject sanders sound discretion standard contend ends justice served reconsideration issues raised previous federal habeas petitions prisoner make colorable showing factual innocence ante support standard consideration successive petitions plurality advances revisionist theory habeas corpus jurisprudence plurality implies federal habeas review available matter right prisoner alleges first federal petition properly preserved claim conviction obtained violation constitutional commands rather plurality suggests prisoner entitled habeas relief interest freedom unconstitutional incarceration outweighs state interests administration criminal laws ante nn plurality intimates federal review convictions predicated solely need prevent incarceration innocent person stating espite substantial costs federal habeas review imposes upon congress continued afford federal habeas relief appropriate cases recognizing need free society additional safeguard compelling innocent person suffer unconstitutional loss liberty ante quoting stone powell thus implied factual innocence central habeas jurisprudence generally plurality declares fundamental proper interpretation ends justice neither plurality standard consideration successive petitions theory habeas corpus supported statutory language legislative history precedents least since middle century decided waley johnston brown allen clear habeas lies inquire every constitutional defect criminal trial mackey opinion harlan procedurally defaulted narrow exception fourth amendment exclusionary rule claims stone powell supra stated two terms ago doubt enacting congress sought interpose federal courts people guardians people federal rights protect people unconstitutional action reed ross quoting mitchum foster contrary plurality assertions never delineated general scope writ weighing competing interests prisoner state cases addressing propriety federal collateral review constitutional error made trial appeal balanced interests solely respect claims procedurally defaulted state see wainwright sykes engle isaac murray carrier post recognizing state interest integrity rules proceedings finality judgments undermined federal courts free ignore procedural forfeitures state reed ross supra held wainwright sykes supra state prisoner generally must show cause actual prejudice order obtain federal habeas corpus relief procedurally defaulted claim see also engle isaac supra even established standard wainwright sykes supra emphasized rule brown allen supra federal habeas petitioner claims detained pursuant final judgment state violation constitution entitled federal habeas make independent determination federal claim way changed adoption special rules procedurally defaulted claims wainwright sykes supra furthermore stone powell supra plurality heavily relies establish new regime federal habeas corpus prisoner interests weighed state interests usually forfeits habeas review unless make colorable showing factual innocence unless constitutional right seeks protect generally furthers accuracy factfinding trial indeed stone powell expressly stated decision concerned scope habeas corpus statute authority litigating constitutional claims generally emphasis original rather simply reaffirm ed exclusionary rule judicially created remedy rather personal constitutional right emphasiz ed minimal utility exclusionary rule context federal collateral proceedings ibid subsequent cases uniformly construed stone powell creating special rule fourth amendment exclusionary rule claims repeatedly refused extend limitations federal habeas review context kimmelman morrison ante declining extend stone powell sixth amendment right claims principal allegation manifestation inadequate representation counsel failure litigate adequately fourth amendment claim rose mitchell declining extend stone powell claims racial discrimination selection grand jury foremen jackson virginia declining extend stone powell claims state prisoners evidence support convictions sufficient permit rational trier fact find guilt beyond reasonable doubt required winship despite plurality intimations simply never held federal habeas review properly presented nondefaulted constitutional claims limited either constitutional protections advance accuracy factfinding process trial available solely prisoners make colorable showing factual innocence contrary stated expressly habeas review deal petitioners innocence guilt solely question whether constitutional rights preserved moore dempsey holmes congress vested habeas jurisdiction federal courts cases petitioner claims detained violation constitution laws constitutional rights criminal defendants granted innocent guilty alike kimmelman morrison ante thus even punishment guilty society highest value constitution members prefer ordering priorities constitution forged framers particular constitutional rights affect fairness factfinding procedures reason denied trial possible justification denying vindication rights federal habeas state courts deny rights trial stone powell brennan dissenting respect general scope federal habeas review grants federal courts statutory authority issue writs habeas corpus makes mention guilt innocence need balance interests state prisoner pertinent part simply writ habeas corpus shall extend prisoner unless custody violation constitution laws treaties anything legislative history habeas statute support view congress intended limit habeas review manner proposed years construction habeas statute permit federal collateral review virtually nondefaulted constitutional claims narrow exception dissent fourth amendment claims without reference actual guilt innocence competing interests state prisoner unmistakably clear see brown allen several times period congress interpretation expressly brought attention bills proposing drastic revision federal habeas jurisdiction see yackle postconviction remedies pp describing relevant bills introduced past several congresses times congress steadfastly refused make significant changes construction jurisdiction ince amendments habeas statutes congress approved simply tracked contemporaneous decisions omitted fact congress made aware longstanding construction chosen leave undisturbed lends powerful support continued viability square niagara frontier tariff bureau regard specific question whether factual innocence precondition review successive habeas petition neither governs applications writs habeas corpus state courts filed subsequent disposition prior federal habeas petition legislative history rules governing section cases district courts hereafter rules governing section support plurality position section amended relevant part subsequent petition need entertained unless application alleges predicated factual ground adjudicated hearing earlier application writ unless satisfied applicant earlier application deliberately withheld newly asserted ground otherwise abused writ emphasis added terms merely informs district courts need consider successive petitions statute gives district courts discretion hear petitions similarly rule rules governing section adopted second successive petition may dismissed judge finds fails allege new different grounds relief prior determination merits new different grounds alleged judge finds failure petitioner assert grounds prior petition constituted abuse writ emphasis added congress clearly intended courts continue determine successive petitions may choose hear reference sanders standard first nothing house senate reports accompanying bill amended suggests congress wished abandon sanders standard see sess sess second legislative history rules governing section demonstrates adopting rule congress expressly endorsed existing case law governing subsequent petitions cited sanders pp third advisory committee notes relating rule state sanders provides relevant standards subsequent petitions indicate district courts discretion refuse entertain vexatious meritless subsequent petitions sanders dealing problem successive applications stated controlling weight may given denial prior application federal habeas corpus relief ground presented subsequent application determined adversely applicant prior application prior determination merits ends justice served reaching merits subsequent application emphasis added sanders rule make clear discretion entertain successive application subdivision consistent important well established purpose habeas corpus eliminate remedy petitioner rightfully entitled however sanders pointed nothing traditions habeas corpus requires federal courts tolerate needless piecemeal litigation entertain collateral proceedings whose purpose vex harass delay rare instances may feel need entertain petition alleging grounds already decided merits sanders however abusive use writ discouraged instances abuse frequent enough require means dealing example successive application already decided merits may submitted hope getting different judge multijudge courts subdivision aimed screening abusive petitions meritorious petitions get quicker fuller consideration review habeas cases task give fair effect habeas corpus jurisdiction enacted congress brown allen opinion frankfurter respect successive habeas petitions giving fair effect intent congress construe ends justice sanders mean within sound discretion refuse hear abusive meritless petitions hear petitions prisoner advances potentially meritorious claim provides good justification returning second time claim instant case respondent alleged potentially meritorious sixth amendment claim also advanced complete justification returning federal second time claim first second federal habeas petitions decided henry case facts substantially similar facts respondent case elaborated sixth amendment prohibition government interference accused right counsel prohibition previously recognized massiah brewer williams intervention henry supra clarified appropriate analysis sixth amendment claims like respondent thus appeals abuse discretion granting reconsideration respondent constitutional claim dispositive legal standard ii holds appeals erred respect merits respondent habeas petition according appeals failed accord presumption correctness state trial findings respondent cellmate lee time asked questions respondent concerning pending charges lee listened respondent spontaneous unsolicited statements app result concludes appeals failed recognize case presents question reserved henry supra whether sixth amendment forbids admission evidence accused statements jailhouse informant placed close proximity made effort stimulate conversations crime charged disagree characterization appeals treatment state findings consequently disagree instant case presents listening post question state trial simply found lee ask respondent direct questions crime respondent incarcerated app trial considered significance fact state precedents interpreted require affirmative interrogation informant prerequisite constitutional violation indicate whether referred fifth amendment sixth amendment violation identifying interrogation precondition violation merely stated utterances made respondent lee unsolicited voluntarily made violate defendant constitutional rights ibid appeals disregard state finding lee asked respondent direct questions regarding crime rather appeals expressly accepted finding wilson henderson ven accepting lee ask wilson direct questions concluded matter law deliberate elicitation standard henry supra massiah supra encompasses subtle forms stimulating incriminating admissions overt questioning suggested police deliberately placed respondent cell overlooked scene crime hoping view trigger inculpatory comment respondent cellmate also observed lee asked respondent question lee nonetheless stimulated conversation concerning respondents role star taxicab garage robbery murder remarking respondent exculpatory story sound good better come better one thus appeals concluded respondent case present situation reserved henry accused makes incriminating remark within hearing jailhouse informant makes effort stimulate conversations crime charged instead determined case virtually indistinguishable henry sixth amendment guarantees accused least initiation formal charges right rely counsel medium state maine moulton accordingly sixth amendment imposes state affirmative obligation respect preserve accused choice seek assistance counsel therefore determination whether particular action state agents violates accused right counsel must made light obligation sure sixth amendment violated whenever luck happenstance state obtains incriminating statements accused right counsel attached violated however state obtains incriminating statements knowingly circumventing accused right counsel present confrontation accused state agent ibid omitted explained henry accused waived right counsel government knowingly circumvents defendant right counsel deliberately elicit inculpatory admissions intentionally creat es situation likely induce accused make incriminating statements without assistance counsel henry found federal government deliberately elicited incriminating statements henry based following circumstances jailhouse informant nichols apparently followed instructions obtain information without directly questioning henry without initiating conversations concerning charges pending henry rejected government argument henry initiated discussion crime sixth amendment violation occurred pointed massiah irrelevant whether informant asks pointed questions crime merely engage general conversation nichols noted passive listener conversations henry jail henry incriminatory statements product conversation deciding nichols role conversations amounted deliberate elicitation also found three factors important first nichols paid information produced thus incentive extract inculpatory admissions henry second henry aware nichols acting informant ibid conversation stimulated circumstances observed may elicit information accused intentionally reveal persons known government agents third henry custody time spoke nichols last fact significant stated custody imposes pressures accused confinement may bring play subtle influences make particularly susceptible ploys undercover government agents concluded intentionally creating situation likely induce henry make incriminating statements without assistance counsel government violated henry sixth amendment right counsel ibid omitted instant case henry accused incarcerated therefore susceptible ploys undercover government agents ibid like nichols lee secret informant usually received consideration services rendered police therefore incentive produce information knew police hoped obtain nichols done lee obeyed instructions question respondent report police statements made respondent lee presence crime question app like nichols lee encouraged respondent talk crime conversing subject course several days telling respondent exculpatory story convince anyone without work however unlike situation henry disturbing visit respondent brother rather conversation informant seems immediate catalyst respondent confession lee ante wilson henderson civ sdny mar app pet cert might appear sequence events lee comment regarding respondent story general willingness converse respondent crime immediate causes respondent admission think standard requires consideration entire course government behavior state intentionally created situation forseeable respondent make incriminating statements without assistance counsel henry assigned respondent cell overlooking scene crime designated secret informant respondent cellmate informant avoiding direct questions nonetheless developed relationship cellmate camaraderie respondent encouraged talk crime coup de grace delivered respondent brother groundwork respondent confession laid state clearly state actions sufficient nexus respondent admission guilt constitute deliberate elicitation within meaning henry affirm judgment appeals majority today rejects either implicitly explicitly argument believe appropriate explain plurality view incorrect plurality asserts ante addresses standard applicable successive habeas petitions mischaracterize opinion suggesting dictum contained part plurality opinion regarding purpose scope great writ significance plurality correctly holding part iii opinion part commanded directly governed successive petitions methinks brothers sister protest much general discussion writ order mask fact fashions standard whole cloth plurality attempts justify standard reference plurality view historic purpose habeas corpus ante see also ante consequently order comment upon plurality standard successive petitions find necessary first address plurality treatment general scope purposes great writ thus first six pages dissent much relevance case part plurality opinion ante plurality chastises failing propose precise definition ends justice standard sanders adhering sanders leaving decision whether hear successive petitions sound discretion federal trial judges plurality argues sanders left open critical question considerations inform decision successive review issue previously decided serve ends justice ante sanders leave question open different sense plurality suggests sanders acknowledged meaning phrase ends justice finely particularized recognition fact left sound discretion federal trial judges make determinations ends justice require plurality purporting merely elucidate sanders sound discretion standard replace discretion single legal standard actual innocence plurality asserts need refined standard offers evidence years since sanders decided federal trial courts difficulty applying sound discretion standard abused discretion respect successive petitions revision longstanding interpretation warranted words recognized exception exercise federal jurisdiction unusual cases respect procedures state courts make appropriate exception similar abstention rules see younger harris burford sun oil however like judicially created exceptions federal jurisdiction conferred congress narrow exception virtually unflagging obligation exercise jurisdiction colorado river water conservation dist discussion house report regarding rule focuses portion rule governs abuse writ rather petitions repeatedly allege claims clear committee intended rule conform entirety existing case law particularly sanders see pp agree plurality actual innocence constitutes sufficient justification returning second time claim agree though prisoner inability make showing actual innocence negates otherwise good justification respondent facts case demonstrate arbitrariness rule initial federal habeas petitions filed respondent henry presented virtually identical claims decision henry may altered law circuit respondent prior petition failed respondent claim reviewed proper constitutional standards plurality standard also presents significant institutional problems first standard requires federal courts function much capacity state trier fact federal courts must make rough decision question guilt innocence requirement diverts federal courts central purpose habeas review evaluation claims convictions obtained violation constitution second unclear relevance plurality standard case prisoner alleges constitutional error sentencing phase capital case guilt innocence irrelevant context rather decision made representatives community whether prisoner shall live die presumably plurality test applicable claims appeals noted soon wilson arrived viewed garage became upset stated someone messing justice stevens dissenting district confronted question whether ends justice served entertaining state prisoner petition habeas corpus raising claim rejected prior federal petition relief one facts may properly considered whether petitioner advanced colorable claim innocence agree justice brennan essential element every disposition successive petition specifically believe district abuse discretion entertaining petition case although also conclude one close cases district properly decided second review contention required despite intervening decision henry merits agree analysis part ii justice brennan dissent accordingly also affirm judgment appeals