brown allen argued april decided february direct review conviction state prisoner claim federal constitutional right decided adversely state application certiorari denied satisfied requirement state remedies exhausted federal may grant application habeas corpus pp necessary circumstances pursue state courts collateral remedy based evidence issues pp section construed requiring repetitious applications state courts relief state prisoner application habeas corpus federal constitutional grounds federal district may take consideration proceedings adjudications state trial appellate courts pp state decision based adequate state ground examination required unless state remedy deprivation federal constitutional rights ever existed material conflict fact transcript evidence deprivation constitutional rights district may properly depend upon state resolution issue circumstances state adjudication carries weight federal practice gives conclusion last resort another jurisdiction federal constitutional issues although res judicata applicable application state prisoner federal district habeas corpus records state trial appellate courts district within discretion district whether take evidence hear argument federal constitutional issues action district taking evidence hearing argument case involved abuse discretion pp word entertain means federal district conclusion examination habeas corpus application accompanying papers deems necessary hearing merits legal factual proper pp petitioner negro denied due process equal protection violation fourteenth amendment method selecting grand petit juries lists limited state statute taxpayers though lists higher proportion white negro citizens pp petitioner denied due process admission evidence confessions shown coerced pp petitioner negro show clear evidence selection jurors actually made case discrimination based solely race petitioner conviction set aside ground violative equal protection clause fourteenth amendment comparatively small number names negroes jury box insufficient establish discrimination pp state refused review merits petitioners conviction death sentence challenged federal constitutional grounds petitioners failure perfect appeal within limit applicable state law appeal perfected day held failure use state available remedy absence interference incapacity bars federal habeas corpus pp affirmed opinion see post notation justice jackson concurring result see post notation position justice burton justice clark see post opinion justice frankfurter legal significance denial certiorari bearing proceedings state courts disposition application writ habeas corpus federal district see post notation position justice black justice douglas two points see post opinion justice jackson concurring result announced opinion see post dissenting opinion justice black joined justice douglas see post dissenting opinion justice frankfurter joined justice black justice douglas see post together speller allen warden argued april reargued october daniels et al allen warden argued april reargued october also certiorari petitioner state prisoner applied federal district habeas corpus petition certiorari review state affirmance conviction denied district dismissed application supp appeals affirmed granted certiorari case argued october term restored docket reargument judgment affirmed petitioner state prisoner applied federal district habeas corpus petition certiorari review state affirmance conviction denied district dismissed application supp appeals affirmed granted certiorari case argued october term restored docket reargument judgment affirmed petitioners state prisoners applied federal district habeas corpus denied petition certiorari review state refusal consider merits appeal conviction district dismissed application supp appeals affirmed granted certiorari case argued october term restored docket reargument judgment affirmed hosea price argued cause petitioner herman taylor filed brief petitioner herman taylor argued cause filed brief petitioner john rogge murray gordon argued cause petitioners taylor brief brookes peters argued cause respondent brogden argued cause respondent ralph moody assistant attorney general north carolina argued cause respondent briefs harry mcmullan attorney general justice reed delivered opinion certiorari granted review judgments appeals fourth circuit cases argued last year records raised serious federal constitutional questions upon carrying death sentences depended procedural issues importance relations federal government upon disagreement decided set cases reargument heard cases judgments affirmance entered october appeal three judgments district eastern district north carolina refusing writs habeas corpus sought prisoners convicted state conclude required procedure state review convictions exhausted petitioners case sought writs habeas corpus federal courts case petitions certiorari direct review state judgments rendered highest state face federal issues presented habeas corpus denied necessary circumstances prisoner ask state collateral relief based evidence issues already decided direct review another petition certiorari directed noted applicant barred unless exhausted remedies available courts state available procedure legislative history shows paragraph haec verba presented congress recommendation judicial conference legislative history discussion considerations moved congressional enactment contained see similar clause sess sess report judicial conference senior circuit judges pp second paragraph construed several courts appeals ekberg mcgee ninth circuit refused consider statute meant deny federal forum state procedures inexhaustible third circuit master baldi held exhaustion one several available alternative state remedies denial certiorari therefrom necessary bacom sullivan bacom sullivan fifth circuit ruled federal question presented state courts least one procedure certiorari question denied appeared unique extraordinary circumstance justifying federal examination darr burford april judge maris presented judicial conference draft senate judiciary subcommittee language revision hearings held set three bases exercise federal jurisdiction applications habeas corpus state prisoners language bill read application might entertained appeared applicant exhausted remedies available courts state adequate remedy available courts courts denied applicant fair adjudication legality detention constitution laws accepting recommendation judicial conference congress eliminated third basis jurisdiction shows reason follows second purpose eliminate ground federal jurisdiction review habeas corpus judgments state courts proposition state denied prisoner fair adjudication legality detention constitution laws judicial conference believes undesirable ground federal jurisdiction addition exhaustion state remedies lack adequate remedy state courts permit proceedings federal ground petitioner exhausted state remedies ground course always open petitioner assert federal exhausted state remedies adequate state remedy third purpose substitute detailed specific language phrase adequate remedy available phrase sufficiently specific precise meaning therefore spelled detail section done amendment cases district determining propriety granting writ considered effect refusal certiorari questions upon direct review judgments highest state question pretermitted ruling darr burford case certiorari sought state denial collateral relief habeas corpus imprisonment given rise definite differences opinion federal courts ruling necessary similar difference issues command majority upholds judgments appeals opinion although represents minority view effect denial certiorari position majority upon point expressed opinion justice frankfurter post summary review habeas corpus practice federal courts relation state criminal convictions found hawk olson darr burford hoped conclusions reached herein result improvement administration justice leave indispensable function great writ unimpaired usefulness ii effect former proceedings speller allen petition habeas corpus district raised federal question passed upon trial appellate courts north carolina offered petition certiorari wit jury commissioners pursuant long continuous practice discriminated negroes selection juries solely account race color district record filed north carolina appeal included record transcript proceedings trial state addition district took evidence way testimony stipulation district upon examination evidence stipulations adopted findings sentencing judge respect composition trial jury added petitioner failed substantiate charge trial according due process vacated writ held petition dismissed solely light procedural history added alternative ground failure substantiate charge sub nom speller crawford supp daniels allen petitioners state trial made timely motion quash indictment challenged array alleging discrimination negroes selection grand petit jurors contravention guarantees fourteenth amendment timely objection also made admission evidence alleged coerced confessions petitioners contend admission confessions violated due process rights fourteenth amendment also urge refusal north carolina examine merits trial record state courts failure serve statement case appeal one day beyond period limitation denial equal protection fourteenth amendment application district petitioners repeated federal constitutional questions earlier presented sentencing north carolina also repeated petition certiorari filed examining application district judge studied records trial appellate courts north carolina including transcript proceedings sentencing concluded findings judge sentencing matter whether jury properly selected supported evidence shown purposeful systematic exclusion negroes solely account race also found trial judge correctly determined confessions voluntary instruction concerning confessions adequate addition district judge heard evidence offered prosecution defense district judge advert circumstance denied petition certiorari questions observed mind procedural history case make appear petitioners denied substance fair trial added petitioners failed substantiate charges made supp writ vacated application dismissed procedural history district refused entertain request sub nom daniels crawford supp records former proceedings thus determined action district fact evidence heard two cases assure judge prisoners held custody violation constitution dismissing petitions habeas corpus district treat denial certiorari conclusive brown case last one decided judge gilliam based decision finding fact facts found trial judge respect composition grand jury supported evidence findings conclusion thereon adopted findings respect facts found respect question admission statements made defendant also supported evidence findings conclusions thereon likewise adopted supp action virginia courts denial certiorari binding principle res judicata matters entitled respectful consideration absence unusual situation sufficient reason deny writ habeas corpus supp concludes writ vacated petition dismissed upon procedural history record state courts reason habeas corpus proceeding available petitioner purpose raising identical question passed upon courts supp daniels case decided day district left open question power reexamine supp concluded record state afforded fair trial effect denial certiorari cases minority opinion reason district give consideration record prior certiorari weight denial district feels record justifies view appeals et seq speller allen think teaching ex parte hawk white ragen frequently said denial certiorari imports expression opinion upon merits case house mayo shoe wolf cf ex parte abernathy review proceedings res judicata precedential effect follows result accord expression statement satisfied denial certiorari marks final action state criminal proceedings fields habeas corpus unique opportunity repetitious litigation demonstrated dorsey gill app see denial make issues res judicata minority thinks record distinctly presenting substantial federal constitutional question disentangled problems procedure brought certiorari denied courts dealing petitioner future applications habeas corpus issues presented earlier applications writs certiorari power take denial consideration determining action indicated much house mayo supra ex parte hawk supra specifically approved district refusal reexamine ordinarily questions passed upon denial permitting district dismiss application habeas corpus strength prior record procedural development reduce abuse right repeated hearings permitted period review refusal habeas corpus application salinger loisel see harv rev compare protection given statute abuse habeas corpus federal criminal proceedings since federal district power intervene guard injustice error darr burford supra noted minority urge denial certiorari res judicata issues presented true pointed opinion justice frankfurter records applications certiorari review state criminal convictions directly collaterally habeas corpus otherwise always clear full records however seems proper district give refusals certiorari adequate records consideration district may conclude refusals merit matter practice keep pace statutory development expanded habeas corpus think inconsistent allow district dismiss application appraisal state trial record understand oppose suggestion see justice frankfurter opinion post pp refuse permit district consider relevant denial certiorari effect state adjudications statement position minority weight given denial certiorari turn another question fact weight given federal district denial certiorari taken indication similar treatment accorded orders state courts far weight given proceedings courts state concerned district familiarity state practice favorable position recognize adequate state grounds denials relief state courts without opinion fortiori state action based adequate state ground examination required unless state remedy deprivation federal constitutional rights ever existed mooney holohan ex parte hawk furthermore material conflict fact transcripts evidence deprivation constitutional rights district may properly depend upon state resolution issue malinski new york circumstances state adjudication carries weight federal practice gives conclusion last resort another jurisdiction federal constitutional issues res judicata furthermore view consideration given district denial certiorari cases return reexamination light ruling upon effect given denial think findings fact judgments district see consideration given denials certiorari effect conclusions whether respective defendants denied federal constitutional protection true ruling today district three cases erroneously gave consideration denial certiorari also true rulings set show without consideration found examination state records new evidence presented conduct respective state proceedings full accord due process conclusions make immaterial fact trial gave consideration denial certiorari district appeals recognized power district reexamine federal constitutional issues even trial review state refusal certiorari darr burford intimation contrary speller case see supra must read opinion hearing review judicial proceedings rule settled decision correct must affirmed although lower relied upon wrong ground gave wrong reason certainly consideration given district former refusals certiorari issues presented affect determinations merit applications habeas corpus supp supp supp made appear affirmatively alleged error affect result errors may disregarded even review criminal trials whether affirm reverse cases therefore depend upon trial consideration denial certiorari upon soundness decisions upon issues alleged violation federal procedural requirements petitioner constitutional rights north carolina proceedings take problems iii right plenary hearing jurisdiction applications federal habeas corpus controlled statute code directs entertaining application award writ application entertained mere filing liberal courts practice setting claimed violations constitutional rights applicant must meet statutory test alleging facts entitle relief word entertain presents difficulties meaning may vary according surroundings think means federal district conclusion examination application accompanying papers deems necessary hearing merits legal factual proper see walker johnston first second smith baldi post even deciding entertain application district may determine later return otherwise hearing unnecessary clear statutory enactment federal district required entertain application habeas corpus appears legality detention determined judge prior application writ habeas corpus reviser notes section house report say material change existing practice intended nothing else indicates purpose congress restrict adoption code discretion district discretion entertain petitions state prisoners raised issues raised state courts furthermore enacting dealing persons custody state judgments congress made reference power federal district federal habeas corpus claimed wrongs previously passed upon state courts see discussion supra federal judge habeas corpus application required summarily hear determine facts dispose matter law justice require long law old general rule approved salinger loisel procedure federal judge might refuse writ application one made refused another federal judge second judge opinion light record satisfactory conclusion reached principle also applicable state prisoners darr burford supra applications district courts grounds determined adversely applicant state courts follow principle refusal writ without satisfied record state process given fair consideration issues offered evidence resulted satisfactory conclusion record application affords adequate opportunity weigh sufficiency allegations evidence unusual circumstances calling hearing presented repetition trial required see supra however trial may discretion federal judge hearing new application way left open redress violations constitution see supra moore dempsey although power necessary federal courts hold hearings merits facts law second time satisfied federal constitutional rights protected necessary exercise jurisdiction extent determining examination record whether hearing serve ends justice cf see supra state federal courts responsibilities protect persons violation constitutional rights conclude federal district may decline without rehearing facts award writ habeas corpus state prisoner legality detention determined facts presented highest state jurisdiction whether affirmance judgment appeal denial remedies see white ragen presently appear case involves extraordinary situation since complete record district need rehearing taking evidence treating state response application motion dismiss properly granted motion discharge conviction habeas corpus act judicial clemency protection illegal custody need argument matter judicial discretion issues adequately presented abuse iv disposition constitutional issues first take brown allen case turns generally others constitutional issues petitioner negro indicted september tried north carolina courts charge rape found guilty sentenced death september sentencing petitioner made timely motion quash bill indictment alleging discrimination negroes selection grand jurors contravention guarantees fourteenth amendment federal constitution verdict sentencing petitioner motion set aside verdict sought expand constitutional attack selection grand jury embrace petit jury also appeal state treated petitioner motions adequate challenge selection juries second federal question raised sentencing petitioner opposed admission evidence confession alleged given involuntarily following sentencing petitioner took appeal state presented review issues jury discrimination admission coerced confession appeal brief behalf petitioner transcript portions sentencing proceedings petitioner deemed relevant review federal questions dealing federal constitutional questions merits state affirmed conviction state brown petitioner charge discrimination negroes selection grand petit jurors violation constitutional rights attacks operation method used north carolina selecting juries forsyth county statutes detailing method selection cited petitioner contention one two negroes time ever served forsyth county grand jury five negroes ever previously served petit jury panel county contentions basis allegation system discrimination employed negro residents county petitioner offered evidence support charge limitation jury service negroes except fact fewer negroes whites regard proportion population appeared jury panels census shows following figures respect population forsyth county population percent plus percent according unchallenged testimony ibm supervisor office tax supervisor forsyth county list names compiled tabulation county property poll taxpayers make returns thereafter tendered county commissioners use jury selection males years age required list poll tax well list property stat north carolina recompiled winston township heavily populated forsyth county white males colored males listed polls county forsyth outside winston township white males colored males listed polls indicates negroes number approximately listed taxpayers figures appear record percentage negroes property tax lists june list approximately names compiled tax lists handed commissioners office tax supervisor uncontradicted testimony ibm supervisor list jurors prepared without regard color constituted complete compilation names resident adult listed taxpayers forsyth county grand petit jury panels employed case drawn pool names list others list cut individual slips uniform size bearing one person name put jury box selection jury box names persons subject summons serve grand jurors term made lot selection panels persons subject summons duty petit juries drawings made small child recorded public claim evidence chicanery drawings grand jurors forsyth county selected january july six months term see laws amended session laws amended session laws panel names drawn jury box december june child presence county commissioners june meeting commissioners names drawn names constituted panel persons subject summons service grand jury returned indictment petitioner drawing jury order immediately prepared given sheriff summons parties find appear drawings grand petit jury service case may persons whose names drawn summoned found although evidence many persons summoned sheriff evidence show least four five negroes summoned final drawing grand jury service conducted courtroom presence superior judge july grand jury selected panel drawing made child names persons summoned sheriff put special section jury box grand jury drawn name one four five negroes summoned drawn group negro served grand jury remaining names used petit jury panel needed petit jury panels forsyth county drawn jury box groups persons laws supra drawing names given deputy sheriff summons persons list find lists supplied deputies indications whether persons named negro white according statute summoned persons must report jury service selection petit jurors trial case persons summoned panel negroes special venire challenges peremptory cause eliminated negroes objections made legality challenges uncontradicted evidence state witness shows two years percentages negroes drawn grand jury panels forsyth county varied persons drawn percentage negroes drawn petit jury panels varied persons drawn prior jury list composed taxpayers paid taxes assessed preceding year gen cf state davis state dixon requirement removed shown comparing earlier statutes present wording put law change made duty males list polls assessment requirement county collect annual poll tax stat cf state brown pool eligible jurors thus enlarged enlargement practice selecting jurors new statute worked radical change racial proportions drawings jurors forsyth county shown record brunson north carolina tried north carolina october forsyth county large negro population time jury pool white colored citizens time sheriff office years testified summoned twelve negroes jury service time jury box purged listing taxes eligible listed jury service result case shown discriminations race barring limiting citizens race participation jury service odious thought constitution long accepted law brunson north carolina cassell texas state peoples discrimination forbidden statute treated denial equal protection fourteenth amendment accused race discrimination directed neal delaware discrimination forbidden racial discrimination however directed accomplish result eliminating limiting service proscribed race statute practice smith texas patton mississippi explained composed justices familiar evils amendment sought remedy permitting state confine selection jurors males freeholders citizens persons within certain ages persons educational qualifications strauder west virginia cf franklin south carolina fay new york discriminations worked consistent exclusion rigorously dealt neal delaware carter texas norris alabama pierre louisiana hill texas patton mississippi variations proportions negroes whites jury lists racial proportions population considered violative constitution explained long continued akins texas course token summoning negroes jury service comply equal protection smith texas race proscribed incompetent service hill texas responsible constitution redress jury packing bentham properly characterized sinister species art bentham elements art packing applied special juries condemn good faith efforts secure competent juries merely varying racial proportions north carolina concluded objection lists based racial composition tax lists racial discrimination list included taxpayers used state brown recognize fact lists higher proportion white citizens colored doubtless due inequality educational economic opportunities chose names jury lists might included names taxpayers action mandatory state law state brown property poll tax lists used see supra case presents jury selection though limited statute property owners voters assume reasonable tax levies used noted males must list property however modest amount polls see pp supra sense exclusion racial grounds name every property owner every voter jury box recognize reviewing constitutional objection state conviction may act alter practices state short denial equal protection due process selection juries decide quality juries best fits situation long classifications relation efficiency jurors equally administered duty protect federal constitutional rights mean must impose conception proper source jury lists long source reasonably reflects population suitable character intelligence civic duty short annual census required population registration tax lists offer comprehensive source available names think use nondiscriminatory race tax lists violates fourteenth amendment conclude evidence adduced results use require conclusion unconstitutionality assuming brunson case unconstitutional exclusions negroes north carolina county present record show exclusions case evidence contrary district correctly determined issue grand jury grand petit juries case drawn filling jury box reasoning district applicable petit jury involved petitioner contends conviction procured violation fourteenth amendment federal constitution trial judge permitted jury rely confession claimed petitioner coerced determining guilt trial petitioner registered timely objection use state purported confessions objection made trial judge immediately excused jury ordered preliminary examination determine whether statements voluntary preliminary hearing petitioner two police officers testified admitted facts first developed upon petitioner rests phase case hearing testimony trial judge found petitioner statements freely voluntarily given declared competent upon recall jury state introduced statements evidence objections noted although petitioner chose take stand trial cause counsel officers taken challenged statements petitioner developed jury facts upon petitioner relies conviction trial admitted coerced confessions deprives defendant liberty without due process law brown mississippi facts admitted state show coercion ashcraft tennessee conviction set aside violative due process chambers florida true even though evidence apart confessions might sufficient sustain jury verdict malinski new york see lyons oklahoma therefore matter case whether jury acquainted facts laid judge upon petitioner relies whether jury heard hear petitioner testify neither matter possibly evidence record independent confessions sustain verdict mere admission confessions trial judge constituted use state confessions improperly obtained use constitutes denial due process law guaranteed fourteenth amendment determining whether confession used state violation constitutional rights petitioner appraises alleged abuses facts shown hearing admitted record petitioner contention constitutional right statements excluded record rests upon admitted facts illiterate held arrest five days charged crime convicted given preliminary hearing days arrest counsel provided period detention alleged confessions taken prior preliminary hearing appointment counsel record physical coercion less painful duress generated prolonged questioning evidence petitioner told remain silent statement might make used chose speak made choice without promise reward immunity extended never denied right counsel choice never without competent counsel inception judicial proceedings delay arraignment petitioner greater might tolerated federal criminal proceeding due process violated leadership rule adopted federal courts denies admission confessions obtained prompt arraignment notwithstanding voluntary character mcnabb upshaw cf allen app experiment made attempt abolish opportunities coercion prolonged detention without hearing said enhance federal rule arise constitutional sources repeatedly refused convert rule evidence federal courts constitutional limitation gallegos nebraska mere detention police examination private one official state custody render involuntary statements confessions made person detained petitioner constitutional rights infringed refusal trial exclude confessions evidence second examine constitutional issues speller allen petitioner negro indicted august tried superior bertie county north carolina upon charge rape convicted sentenced death charge three times first two convictions set aside appeal north carolina ground discriminatory selection jurors state speller third trial august term petitioner made timely motion set aside array special veniremen called vance county alleging discrimination negroes solely wholly account race color selection veniremen contravention guarantees fourteenth amendment federal constitution transcript record state speller august term bertie superior item clerk record evidence taken length issue although evidence deemed material petitioner excluded particular trial judge ground immaterial infra refused permit petitioner produce evidence scrolls jury box purpose showing existence dots scrolls bearing names negroes jury box produced opened counsel defendant permitted examine scrolls trial judge made findings relating manner selecting veniremen determining discrimination practiced findings denied motion set aside array petitioner thereafter convicted third time sentenced death appeal petitioner asserted conviction violated equal protection clause fourteenth amendment assigning denial motion set aside array error also assigning error trial ruling request permission examine scrolls jury box north carolina appeal part record mimeographed transcript entire proceedings petitioner makes objection absence relevant evidence appeal except relating scrolls excluded trial upholding rulings trial north carolina affirmed conviction petitioner filed petition writ habeas corpus federal district eastern district north carolina denied certiorari direct review state proceedings petition summarily recited prior history litigation raised federal question passed upon north carolina courts offered petition certiorari racial discrimination district heard additional evidence petitioner offered discretion moore dempsey darr burford cases establish power federal district courts protect constitutional rights state prisoners exhaustion state remedies better enabled determine whether violation fourteenth amendment occurred petitioner charge discrimination negroes selection petit jurors violation constitutional rights attacks operation system used north carolina authorities select juries vance county county special venire obtained try petitioner charge rests petitioner contentions negro within recent years served jury vance county case negro summoned serve jury case jury box case heavily loaded names white persons drawing fairly reflect persons community qualified jury service petitioner offered evidence support three contentions evidence establishes correctness contentions inapplicable case however circumstances filling particular jury box pointed brown allen supra page north carolina enlarged pool citizens eligible jury service general statutes north carolina vance county special venire speller trial drawn names substantial numbers negroes appeared thereafter jury box negroes total names jury box venire first drawing jurors box purge july following new statute brunson north carolina decided march long history alleged discrimination negro citizens vance county jury commissioners decisive discrimination present case former errors invalidate future trials problem whether venire drawn jury box invalidly filled speller names selected discriminating negroes solely account race color particular box decisive cf cassell texas past practice evidence past attitude mind attitude shown longer control action officials present fact colored citizens names jury box suggested record shows names colored persons jury box marked dot period scroll used unlawful disposition scrolls drawn scheme useless circumstances case record shows defendant counsel present venire drawn child aged names drawn given sheriff summonses issued matter fact special venire contained names seven negroes four appeared none sat jurors therefore assertion dots even true means unknown person desired interfere fair drawing juries vance county trial found petitioner question district pointed immateriality box filled names selected clerk jury commissioners corrected commissioners names put substantially selected clerk chose tax lists property clerk testified racial discrimination entered selection since effect possible objection selection jurors economic basis raised developed trial appeal state former certiorari petition brief present certiorari open consideration important national asset state autonomy local law enforcement must eroded indefinite charges unconstitutional actions stated discussing brown case page et supra conclusion selection prospective jurors may made tax lists required north carolina statutes without violation federal constitution point needs elaboration fact causes consideration case selection prospective jurors tax lists show individual taxpayers vance county negroes jury box involved selected list names number negroes disparity races accepted solely evidence clerk commissioners selected names citizens good moral character qualified serve jurors paid taxes assumed vance county much larger percentage negroes qualifications jurymen action commissioners clerk however selecting property economic basis attacked might well account negroes appearing box evidence discrimination based solely race selection actually made lacking trial district courts hearing witnesses found racial discrimination selection prospective jurors conviction upheld nondiscriminatory state acted reverse conviction defendant jury deemed tainted racial discrimination state speller reverse conviction adequate time investigation discrimination given state speller require conviction violation equal protection racial discrimination set aside trial delicate serious responsibility compelling state conformity constitution overturning state criminal convictions exercised without clear evidence violation disregarding think clerk unchallenged selections based taxable property evidence racial discrimination negroes names appear jury box requirement comparative wealth eliminated statutory standards employed number increase equality justified moral educational qualification jury service compared white race think small number comparison negro names one jury box enough establish racial discrimination third problems presented daniels allen two petitioners negroes indicted convicted north carolina courts charge murder trial superior pitt county resulted verdict guilty petitioner thereafter sentenced death issue guilt evidence introduced addition objections stated discrimination jury lists coerced confessions refusal hear merits also objection procedure determination voluntariness confessions failure serve statement case appeal seems us decisive discuss detail constitutional issues tendered point resolved petitioners sentencing state federal district full hearing evidence offered also noted north carolina refused certiorari review alleged invasions constitutional rights sentencing two efforts petitioners secure order permitting apply coram nobis writ coram nobis available north carolina test constitutional rights extraneous record taylor first coram nobis case said speaking refusal certiorari counsel petitioners advised however petition might filed permission apply superior pitt county cause tried writ error coram nobis allowed might heard main features asked relief included matters dehors record appeal lie event unfavorable action daniels supra taylor supra taylor supra defendants file petition permission apply superior writ petition make prima facie showing substance necessary bring within purview writ failure perfect appeal came way upon coming verdict june petitioners several times moved new trial motion reiterating one aforementioned federal questions motions denied trial pronounced sentence petitioners excepted judgments noted appeals therefrom state response petitioners notice trial judge granted petitioners days make serve statement case appeal counsel failed serve statement days expired trial judge struck appeal time action precluded appeal right state situation confronts us north carolina furnished criminal trial charged crime petitioners times counsel chosen recognized north carolina competent conduct defense petitioners objections proposals whether jury discrimination admission confessions instructions otherwise heard decided petitioners state furnished adequate method appeal included means serve statement case appeal absence prosecutor office state daniels yet petitioners appeal taken state north carolina although full trial record statement appeal refused consider appeal merits writ habeas corpus federal courts authorized state prisoners discretion federal authorized state prisoner custody violation constitution fact tested use habeas corpus lieu appeal allow habeas corpus circumstances subvert entire system state criminal justice destroy state energy detection punishment crime course federal habeas corpus allowed time expired without appeal prisoner detained without opportunity appeal lack counsel incapacity interference officials also review state habeas corpus proceedings even though appeal taken state treated habeas corpus permissible federal habeas corpus available following refusal review state habeas corpus proceedings failure appeal much like failure raise known existing question unconstitutional proceeding action prior conviction commitment failure course bars subsequent objection conviction grounds north carolina applied law refusing review applies jurisdictional statute manner preston texas cf paonessa new york certiorari denied application therefor made within time provided law say north carolina action refusing review failure perfect case appeal violates federal constitution period limitation accords conception proper procedure finally federal courts may grant habeas corpus convicted state except pursuant see note supra see also note supra interpreted requiring repetitious applications state courts collateral relief supra clearly state procedure relief must employed order avoid use federal habeas corpus matter procedural routine review state criminal rulings failure use state available remedy absence interference incapacity referred notes bars federal habeas corpus statute requires applicant exhaust available state remedies show time passed appeal enough empower federal district issue writ judgment must affirmed spoken opinion change practice north carolina selection jurors conclusions reached without regard earlier incidents connected juries trials suggest past discriminations since real guardians peace order within boundaries hoped consideration records tend clarify requirements federal constitution selection juries constitution requires jurors selected without inclusion exclusion race must neither limitation representation color practice harmony opportunity maintain essential discipline without objectionable domination inconsistent constitutional democracy judgments affirmed justice burton justice clark adhere position stated darr burford believe nature proceeding upon petition certiorari reasons denial certiorari stated denial disregarded passing upon subsequent application relief except note source possible relief exhausted join judgment cases concur opinion except insofar may contain part ii subdivision pp elsewhere indication although reasons denial certiorari stated reasons nevertheless may inferred record also recognize propriety considerations justice frankfurter invites attention federal confronted petition writ habeas corpus circumstances stated footnotes reach conclusion consideration second paragraph applicant shall deemed exhausted remedies available courts state within meaning section right law state raise available procedure question presented outside cases strongly urged purpose subparagraph eliminate right federal district entertain application long state remedy remained available article chief judge parker chairman judicial conference committee drafted new habeas corpus act limiting abuse habeas corpus construction presented effect last provision eliminate practical purposes right apply lower federal courts habeas corpus successive applications may made habeas corpus state courts applicant right notwithstanding denial prior applications apply state courts habeas corpus action upon later application reviewed application certiorari application writ habeas corpus behalf person custody pursuant judgment state authority state officer shall granted unless appears applicant exhausted remedies available courts state adequate remedy available courts courts denied fair adjudication legality detention constitution laws sess courts divided since darr case effect accorded denial certiorari substantive effect discretionary effect goodman lainson anderson eidson mcgarty holland eidson supp soulia pennsylvania ex rel gibbs odell hudspeth ashe supp ekberg mcgee soulia supp also reported mcgarty supp goodwin smyth sampsell california adkins smyth byars swenson melanson frazier ellis lyle edison bacom sullivan skinner robinson supp almeida baldi hawk hann supp ex parte wells supp fouquette bernard master baldi daverse hohn participation district habeas corpus proceedings determining whether state prisoners granted fair trial sensitive area federated system speller crawford supp smith baldi september fourth annual meeting conference chief justices adopted resolution questioning habeas corpus principles enunciated certain recent federal decisions resolution expressed consensus chief justices final judgment state highest subject review reversal concern noted hearing successive petitions federal district courts tend toward dilution sense judicial responsibility delay enforcement criminal justice impairment confidence state judicial institutions state government pp burden overturning conviction rests applicant allege specifically cases material uncontradicted evidentiary facts appearing record upon based allegation denial constitutional rights applicable rule fed rules civ proc follows error either admission exclusion evidence error defect ruling order anything done omitted parties ground granting new trial setting aside verdict vacating modifying otherwise disturbing judgment order unless refusal take action appears inconsistent substantial justice every stage proceeding must disregard error defect proceeding affect substantial rights parties helvering gowran see riley commissioner rule fed rules crim proc berger see kotteakos bihn see note infra justice judge entertaining application writ habeas corpus shall forthwith award writ issue order directing respondent show cause writ granted unless appears application applicant person detained entitled thereto unless application writ return present issues law person writ directed shall required produce hearing body person detained shall summarily hear determine facts dispose matter law justice require darr burford supra see supra see denholm mckay commissioner cases cited circuit district judge shall required entertain application writ habeas corpus inquire detention person pursuant judgment state appears legality detention determined judge prior application writ habeas corpus petition presents new ground theretofore presented determined judge satisfied ends justice served inquiry see amendment see sess sess sess report judicial conference senior circuit judges pp application writ habeas corpus behalf person custody pursuant judgment state shall granted unless appears applicant exhausted remedies available courts state either absence available state corrective process existence circumstances rendering process ineffective protect rights prisoner applicant shall deemed exhausted remedies available courts state within meaning section right law state raise available procedure question presented reason change procedure stated follow refusal discharge one application without bearing weight later application considered early times refusal discharge open appellate review courts judges accustomed exercise independent judgment successive application regardless number right appellate review given reason practice ceased practice came materially changed right comprehensive review criminal cases given scope inquiry deemed admissible habeas corpus came relatively narrowed application habeas corpus state prisoner filed federal district exhaustion state remedies including certiorari rests record made applicant effort secure relief state imprisonment allegedly violation federal constitutional rights district convenient place litigation determining grounds relief stated petition may require showing record action prior applications darr burford supra salinger loisel cf ex parte elmer davis original records state courts returned see daniels north carolina order chief justice dated may remains upon files directing application petitioner counsel return original record files north carolina copies petitions certiorari normally available petitioners see sections strengthen ability hearing application fully advise concerning prior hearings issues applicant allows certificate certain facts provides depositions affidavits section makes liberal provision use records former proceedings evidence see also inclusive course usual methods completing record civil cases subpoena duces tecum discovery generally available applicant respondent useful records prior litigation difficult secure unobtainable district may find necessary desirable hold limited hearings supply allegations application habeas corpus state adequate grounds relief rule rules north carolina permits appellant bring appeal much record necessary understanding exceptions relied petitioner contend record north carolina inadequate fully support adjudication federal questions see chapter laws amended chapter session laws amended chapter session laws stats arts amended addition north carolina following among also base composition jury lists tax lists stat replacement may use tax list code jury commissioners shall select books tax receiver gen select assessed assessment roll preceding year rev last returned tax commissioner book md ann code art complete list male taxable inhabitants whose names appear tax books stat select persons assessed assessment roll provides additional names mont rev code tit select last assessment roll county mckinney laws judiciary law real property personal property married someone jurors counties outside cities population one million mckinney laws judiciary law rev code names assessors lists preceding year shall basis making apportionment names per county various cities towns within county stat tit jury lists shall selected names tax rolls county comp laws make jury list far may able ascertain latest tax roll registration books county utah code select names legal voters assessment roll remington rev person competent serve juror unless elector taxpayer state wyo comp person competent assessed last assessment roll county see also morse survey grand jury system part rev answers questionnaires sent morse indicated names grand jury lists selected county tax rolls assessment rolls rules dealing selection juries federal courts announced thiel southern pacific applicable state proceedings fay new york evidence state criminal proceedings support objections federal constitutional grounds known state defendants counsel easily ascertainable withheld neglected state trial used later support habeas corpus state criminal proceedings unreasonably hampered ex parte spencer wood crowe price johnston dissent understand last basis qualification required see brown allen supra page general statutes north carolina amended moral character intelligence sufficient serve jurors statutory test gen even years age illiterate census vol iii part see hill texas state daniels compare taylor alabama state watson capital case prisoner failed make serve statement case appeal within statutory period lost right prosecute appeal dismissed pointed however customary capital cases examine record see error appeared face state morrow identical procedure followed state moore state lampkin also capital cases writs certiorari denied statement case appeal filed within statutory period state daniels stat sunal large eagles samuels yamashita johnson zerbst goto lane dowd cook see de meerleer michigan johnson zerbst hawk olson herndon lowry smith baldi decided today post pp darr burford supra ex parte spencer see wood see mckane durston said appeal judgment conviction matter absolute right independently constitutional statutory provisions allowing appeal review appellate final judgment criminal case however grave offence accused convicted common law necessary element due process law wholly within discretion state allow allow review citation authorities upon point unnecessary justice frankfurter course litigation cases relevant facts set justice reed opinion opinion restricted two general questions must considered pass specific situations presented cases two general problems legal significance denial certiorari case required presented doctrine darr burford application writ habeas corpus thereafter comes district ii bearing proceedings state courts disposition application district darr burford sheds light effect district give denial certiorari one cases decision expressly limited ruling ordinarily certiorari jurisdiction must invoked attempt secure review state refusal relief prior application habeas corpus district darr burford fact two members necessary majority darr burford deemed appropriate disavow concurrence indication opinion effect given denial certiorari emphasizes ruling attributed darr burford view justice burton justice clark nature proceeding reasons denial certiorari stated denial disregarded passing upon subsequent application relief except note source possible relief exhausted darr burford supra course reasons given decision deny effect indicated reasons stated know best puzzling often state denied certiorari even parties denial three cases fourth circuit appeals relied heavily denial certiorari ruling applications federal habeas corpus state prisoners opinion relies per curiam decision nos quotes earlier decision based express assumption thought record showed denial constitutional rights certiorari granted stonebreaker smyth sanction rule directing district courts give effect denial certiorari let alone effect res judicata practical result position fourth circuit ignoring actualities recognized ever since certiorari jurisdiction conferred upon sixty years ago inception certiorari jurisdiction treated view function devised serve designed permit keep within manageable proportions due regard conditions indispensable wise adjudication cases must decided business allowed come us successive measures congress enlarged discretionary jurisdiction judiciary act supplemented invention jurisdictional statement relation narrow scope residual appeals became complete master docket governing consideration authority decline review decisions right wrong present questions sufficient gravity whatever source questions whether common law statutes constitution cases obvious gravity enough absorb time thought cf hamilton shoe wolf brothers within experience every member frequently reach merits case decide sufficient importance warrant review thirty years ago rather sharply reminded bar draw strength lower opinions fact left unreviewed denial writ certiorari imports expression opinion upon merits case bar told many times carver repeatedly indicated denial certiorari means one reason another seldom disclosed infrequently conflicting reasons may nothing merits certainly may nothing view merits taken majority four members thought case heard departure fundamental rule type case considering based showing denials certiorari unlike denials fact essential equivalents adjudication merits results inquiry detailed appendix post show contrary fact certainly assurance petitions canvassed merits true cases within ordinary domain certiorari jurisdiction indeed less assurance petitions state prisoners considered merits case ordinary petitions certiorari treat denials certiorari cases applications habeas corpus subsequently made effect adjudications presupposes least determinations based records litigation issues less carefully shaped competent lawyers true ordinary flow certiorari cases assumption shown wholly baseless study certiorari files opinion based also assumption falsifies picture habeas corpus problems facing district judge petitions certiorari rarely drawn lawyers almost unintelligible certainly present clear statement issues necessary understanding view pressure work certified records run certiorari cases assist understanding almost unknown field indeed number cases papers necessary prove happened state proceedings filed striking whether adjudication simply perfunctory denial claim rarely ascertainable seldom enough base solid conclusion adequacy state adjudication even told something trial claims applicant asserts almost never transcript proceedings assist us determining whether trial adequate equally unsatisfactory means evaluating state proceedings filing opinions less cases perfunctory order state courts filed different records alter consideration cases radically denial fairly deemed undisclosed decision merits cases issues district even raised cases emphasis put issues differed considerably put district courts alice understand circumstances district judge assume minded decided question presented ground holding denial effect res judicata equally basis leaving district judge free decide whether passed merits story district judge ordinarily knows painfully little painfully little knew rare case indeed district information concerning certiorari proceeding cases studied neither papers filed allegations made indicating way issue petition certiorari presented even fewer cases indication papers state proceedings may said district call papers seldom done moreover view unlikelihood record reveal enough sound judgment requirement futile otherwise district judge know negligible number cases little us say liberty decide whether passed merits case invites must almost cases idle speculation inviting busy federal district judge rest denial cloak failure exercise judgment formal compliance statement give meaning something almost always must meaningless inadmissible act though cases proceeded courts orderly fashion leaving behind neat records traced effectively promise enlightenment traced although seems difficult conceive many cases district judge presented full record proceedings give relevant effect denial certiorari likelihood negligible case also one enough materials know us give discretion interpret denial certiorari determination rarely rationally justified either futile mischievous allow denial weigh district disposition darr burford decided matter proper administration due regard relations state federal authority makes undesirable ordinary case permit application federal district claim already presented state opportunity review state action hold however denial certiorari may deemed approval decision state something far beyond fashioning rule administration judicial business district judges authorized deny application habeas corpus merely issues may considered denying petition certiorari duty entrusted federal courts since enlargement scope habeas corpus jurisdiction act deal judicially applications writs habeas corpus state convicts left unbounded undefined discretion district judges throughout land judges dealing writ habeas corpus temporary injunctions must left discretion room assessing fact balancing conflicting considerations public interest law procrustes bed discretion must judicial discretion must subject rational criteria particular situations may adjudged allow applications habeas corpus denied merely deemed reasonable best fragile foundations matter already adjudicated afford criterion merely shelter district judges respond according individual must invite exercise judicial impressionism discretion may methodized analogy disciplined system cardozo nature judicial process discretion without criterion exercise authorization arbitrariness nation able better tell federal judges land field vital habeas corpus vindicate constitutional rights may please bound guided considerations capable rational formulation impugn conscientiousness federal judges left large disposing applications writ habeas corpus necessarily thrown back upon individual judgments exercise law arbitrariness reasons denial certiorari ordinary run cases number things decision merits multiplied circumstances class petitions conclude habeas corpus cases others denial certiorari interpreted expression opinion merits sunal large ii issue significance denial certiorari raises sharp division bearing proceedings state courts upon disposition application writ habeas corpus federal district courts opinion designed make explicit detailed matters also concern justice reed opinion uncommon circumstances district entertain application defined greater particularity criteria determining hearing proper views questions may thus drawn two opinions jointly deem appropriate begin making explicit basic considerations underlying federal habeas corpus jurisdiction experience may summoned support belief claims attempts obtain review state convictions without merit presumably adequately dealt state courts one feel strongly casual unrestricted opening doors federal courts claims cast undue burden upon courts also disregard duty support weaken sturdy enforcement criminal laws wholesale opening state prison doors federal courts however real issue us best indicated survey recently prepared administrative office courts conference chief justices federal question applications habeas corpus even relating state convictions applications granted last seven years small number applications resulted release prison detailed study last four years shows petitions granted petitioners released state penitentiaries meritorious claims procedures must ensure claims stifled undiscriminating generalities complexities federalism workings scheme government involving interplay two governments one subject limitations enforceable escaped simple rigid rules avoiding abuses generate others surely abuse deal casually lightly rights guaranteed federal constitution even though involve limitations upon state power may invoked morally unworthy guise fashioning procedural rule justified wiping practical efficacy jurisdiction conferred congress district courts rules effect treat cases indiscriminately frivolous fall far short abolishing head jurisdiction congress left enforcement federal constitutional rights governing administration criminal justice exclusively state courts tribunals duty federal courts respect rights constitution see federalist claflin houseman testa katt note harv rev indeed jurisdiction given federal courts issue writs habeas corpus first judiciary act stat extended prisoners custody authority act power issue writ extended applicant sentence state us determine whether power vested federal courts justice bradley usual acuteness commented long passage act although may appear unseemly prisoner conviction state set liberty single judge habeas corpus seems escape law ex parte bridges woods cir feeling recently echoed proposal judicial conference senior circuit judges cases heard courts see jud conf wisdom modification law congress consider particularly view effect expanding concept due process upon enforcement criminal laws give fair effect habeas corpus jurisdiction enacted congress giving federal courts jurisdiction congress imbedded federal legislation historic function habeas corpus adapted reaching enlarged area claims see mooney holohan johnson zerbst exercising power thus bestowed district judge must take due account proceedings challenged application writ gone ignored irrelevant prior state determination claim constitution foreclose consideration claim else state final say congress act provided cf ex parte royall state determination may help define claim urged application writ may bear seriousness claim claims frivolous important bearing upon procedure followed district judge prior state determination may guide discretion deciding upon appropriate course followed disposing application state record may serve indicate necessity pleadings quick hearing clear ambiguity state record may show claim frivolous within competence federal solely dependent state law may matter phrasing whether say district judge summarily denies application writ accepting ruling state making independent judgment though basis state record reveals since phrasing mirrors thought important phrasing obscure true issue federal problem arises congress told district judge act occasions however rare meritorious causes habeas corpus ultimate relief designed vague undefined directions permitting district give consideration prior state determination fall short appropriate guidance bringing surface meritorious case may serve indiscriminately preclude hearing one granted yet basis denial may woven texture result improper deference state treatment constitutional issue even corrected review give effect statute time avoid improper intrusion state criminal process federal judges basis thinking intrusion unless men think dramatically quantitatively holmes collected legal papers must direct probe federal question drawing available records prior proceedings guide course experience cautions nature function writ habeas corpus precludes formulation standards district judges automatically apply elsewhere matters judicial administration must attribute good sense sturdiness appropriate men wield power federal judge certainly get qualities fashion rules assuming contrary important order preclude individualized enforcement constitution different parts nation lay specifically nature problem permits standards directions govern district judges disposition applications habeas corpus prisoners sentence state courts first litigation prima facie case must made petitioner application dismissed fails state federal question fails set forth facts accepted face value entitle applicant relief care naturally taken frequent lack technical competence prisoners strangle consideration valid constitutional claim bunglingly presented district judges resorted various procedures end thus lawyer may appointed exercise inherent authority district ex parte peterson either amicus counsel petitioner examine claim report judge may dismiss petition without prejudice second failure exhaust available state remedy obvious ground denying application attempt must made state present claim asserted district compliance judicial code section however require repeated attempts invoke remedy one attempts alternative remedies darr burford requires ordinarily application certiorari state denial relief cf frisbie collins course nothing said suggests federal habeas corpus jurisdiction displace state procedural rule requiring certain errors raised appeal normally rights federal constitution may waived trial adams ex rel mccann may likewise waived failure assert errors appeal compare frank mangum state insists defendant held choice trial strategy allowed try different tack state habeas corpus may deemed waived claim thus right assert federal habeas corpus considerations orderly appellate procedure give rise conventional statement habeas corpus service appeal see adams ex rel mccann supra compare sunal large johnson zerbst however touch one extraordinary cases substantial claim goes foundation proceeding moore dempsey cf ex parte lange wall ex parte royall third record state proceedings filed judge required decide due regard efficiency judicial administration whether desirable call record hold hearing ordinarily issues complex simpler call record certainly first instance issues simple record called found inadequate show state decided relevant historical facts district shall use appropriate procedures including hearing necessary decide issues flexibility inquiry facts necessary printed record reflecting orderly procedure state courts showing clearly happened state courts rarely available cases effort expense calling record transcript proceedings prepared might burdensome short hearing especially questions fact simple easily settled seems unnecessary deference state proceedings say district judge regardless relative expense one procedure must always call everything state proceedings satisfy requirements exhaustion want know enough know whether claim presented presented state courts claim either frivolous extreme substantial facts undisputed call state record probably avail little claim frivolous judge deny application without question one must exercise legal judgment habeas corpus statute may sufficient information perhaps presented pleadings applicant state disposition disputed questions fact seems unduly rigid require district judge call state record every case moreover kinds state adjudications differ cases state held hearing rendered decision based specific findings fact may review higher state pleadings testimony opinions briefs appeal certainly make burdensome useless repetition effort federal courts rehear facts cases pole perfunctory memorandum order denying badly drawn petition stating simply petitioner entitled relief district judge give weight sort adjudication first basis exercising judgment statute requires exercise criteria determining proper hold hearing seem appropriate relating habeas corpus provisions realities cases section empowers district courts grant writs habeas corpus prisoners custody violation federal constitution section commands judge entertaining application award writ issue order show cause unless appears application applicant entitled thereto seems clear enough word entertain refer holding hearing justice reed suggestion refers district conclusion hearing proper unsatisfying proviso writ order need issued application shows applicant entitled thereto certainly permits entertaining nevertheless summarily dismissing failure state claim failure exhaust state remedies proof papers including record state proceedings filed claim time command writ order issued cases hardly requires hearing every case litigation pleadings may show either separately taken together claim hardly contended entertaining application extent issuing writ order district judge commits holding hearing return writ order show cause shows unquestionably applicant entitled discharge fourth record state proceedings may appear issue turns basic facts facts sense recital external events credibility narrators tried adjudicated applicant unless vital flaw found process ascertaining facts state district judge may accept determination state proceeding deny application hand state adjudication questions law habeas corpus statute accepted binding precisely questions federal judge commanded decide state determination historical facts external events occurred may made hearing witnesses perhaps longer available whose recollection later may affected passage time fact one judicial determination already made sure considerations argue equally hearing claims long facts took place congress making habeas corpus available determined considerations prevail left devise appropriate rules congressional determination preclude rules recognizing soundness giving great weight testimony earlier heard undermine principle burden proving facts inconsistent judicial records proceedings kind heavy fifth ascertainment historical facts dispose claim calls interpretation legal significance facts see baumgartner district judge must exercise judgment blend facts legal values thus mixed questions application constitutional principles facts found leave duty adjudication federal judge instance question whether established primary facts underlying confession prove confession coerced voluntary rest state decision see haley ohio concurring opinion stroble california powell alabama represents settled rule due process requires state capital cases assign counsel accused consequently finding state historical fact accused counsel considered binding district judge issue writ regardless conclusion state reached law representation counsel capital cases conviction capital offense however powell alabama may apply considerations adverted opinion necessity counsel particular case ensure fundamental fairness controlling district judge look state proceedings whatever light shed historical facts age intelligence accused familiarity legal proceedings kind issues defend cf johnson zerbst federal judge assess basis historical facts fundamental fairness conviction without counsel circumstances although need federal judge shut eyes state consideration issues binding weight attached state determination congressional requirement greater state last say though fair consideration procedurally may deemed fairness may misconceived federal constitutional right sixth federal district judge may take consideration prior denial relief federal sense course applicable state prisoners section merely gave statutory form practice established salinger loisel decided authorizes federal judge although may need inquire anew prior denial habeas corpus application federal petition presents new ground theretofore presented determined judge satisfied ends justice served inquiry standards addressed practical situation facing district judge recognize discretion judges give weight whatever may relevant state proceedings yet preserve full implication requirement congress district judge decide constitutional questions presented state prisoner even claims carefully considered state courts congress power distribute among courts jurisdiction determine federal claims seen fit give power review errors federal law state determinations addition give lower federal courts power inquire federal claims way habeas corpus power spirit inherited law accords thoroughly regardful liberty subject flows right england go judge judge one whose decisions discharge prisoner final rule extreme england place limits repeating applications federal courts disregard congress expressly required deny state prisoners access federal courts reliable figures administrative office courts supra showing last four years five state prisoners told discharged federal district courts prove beyond peradventure baseless fear bogeyman worry lest state convictions upset allowing district courts entertain applications habeas corpus behalf prisoners state sentence insofar jurisdiction enables federal district courts entertain claims state courts denied rights guaranteed constitution case lower sitting judgment higher merely one aspect respecting supremacy clause constitution whereby federal law higher state law congress designate member hierarchy federal judiciary express higher law fact congress authorized district courts organ higher law rather appeals exclusively mean allows lower overrule higher merely expresses choice congress superior authority federal law asserted yield member awareness enormity difficulties dealing crime concomitant industrialized society deeply mindful fact responsibility task largely rests moment hamper effective discharge responsibility equally aware misuse legal procedures whereby administration criminal justice often rendered one disturbing features american criminal justice hand must lost sight also abuses agencies lessen mischief due often lack professional competence want austere employment awful processes criminal justice wilful misconduct connection relevant quote observations one esteemed attorneys general william mitchell detection punishment crime must effected strictly lawful methods nothing greater tendency beget lawlessness lawless methods law enforcement greater difficulties detecting punishing crime greater temptation place strained construction statutes supply may thought efficient means enforcing law statutory constitutional rights persons must regarded violation inadvertent otherwise avoided department justice release april uniqueness habeas corpus procedural armory law often emphasized differs remedies available bring question legality person restraint require justification detention course mean prison doors may readily opened mean explanation may exacted remain closed boasting empty rhetoric treated writ habeas corpus basic safeguard freedom world great writ habeas corpus centuries esteemed best sufficient defence personal freedom chief justice chase writing ex parte yerger wall history function legal system unavailability writ totalitarian societies naturally enough regarded one decisively differentiating factors democracy totalitarian governments significance writ moral health kind society amply attested great commentators historians jurists institutions appropriately characterized hallam principal bulwark english liberty writ potentialities evil well good abuse writ may undermine orderly administration justice therefore weaken forces authority essential civilization circumstances conditions bringing action legal remedy potentialities obviously defined particularity appropriate legal remedies much limited scope attempt rigid rules either give spuriously concrete form purposes betray purposes strangulating rigidities equally unmindful however purposes writ history functions advise federal district courts duty regard habeas corpus terms ambiguous effect leave individual judgment unguided leave free misuse writ either lax rigid employment fact formulate rules absolute definiteness almost mechanically applicable discharge us duty trying accurate specific nature subject permits inadmissible deny use writ merely state passed federal constitutional issue discretion lower courts must canalized within banks standards governing federal judges alike mean essentially thing leave margin freedom movement inevitably entailed nature habeas corpus indefinable variety circumstances bring play notation position justice burton justice clark points see ante notation position justice black justice douglas points see post addition three cases decided opinion ante opinion applies also ex rel smith baldi post daniels allen speaking denial certiorari district judge felt difficult believe impartial person conclude light procedural history case clearly appears petitioners denied substance fair trial concluded petitioners fair trial writ vacated available petitioners procedural history petitioners entitled discharge since substantiate charges daniels crawford supp appeals stated necessary consider proposition petitioners entitled writ view procedural history case affirmed saying petitioners habeas corpus circumvent results failure comply state procedural rules allegation peculiar hardship one day default complying state procedural rules application certiorari proper respect requires assume thought enforcement rules amounted denial fair hearing men condemned death granted certiorari either state trial reviewed case case falls squarely think within said ex parte hawk daniels allen speller allen district stated felt strongly disposed deny petition writ habeas corpus solely procedural history decided hear evidence merits hearing evidence dismissed upon procedural history record state courts reason habeas corpus proceeding available petitioner purpose raising identical question passed upon courts even entitled raise question petitioner substantiate claims speller crawford supp appeals cited ex parte hawk quoted opinion stonebreaker smyth effect language proper respect compels conclusion granted certiorari thought petitioner constitutional rights violated speller allen brown allen district relied stonebreaker smyth denied writ noting petitioner apparently fair impartial trial state courts refused review state action brown crawford supp appeals considered case together stated affirmed attempt determine factual context statistically representative group habeas corpus applications summarized appendix post study reported reflects examination files cases certiorari denied state prisoners october term habeas corpus applications subsequently made federal district courts examination materials obtained response questionnaires sent district clerks concerning applications dispositions cases district courts see appendix post shown petitions drawn lawyers others course may drawn lawyers either prison choose sign petition experience affirms conclusion set forth survey based one test legal adequacy petitions large number cases petitions must combed find issues certainly much true ordinary petitions certiorari see appendix post pp table post pp fact rarely sufficient papers may account disputes even cases grant happened see uveges pennsylvania least want petitions orders even minimum table part shows item cases issues raised trial minimum available us see appendix table part post see appendix table part post see appendix post pp see appendix table post see appendix column table post cases studied order entered returning original papers petitioner altogether among applications review state denials relief state prisoners term orders entered habeas corpus cases federal courts brought state prisoners administrative office courts see also appendix post pp especially discussing reluctance district grant one application surveyed granted proposal abandoned see jud suggestion justice bradley subject ex parte bridges loc cit supra reflected proposal conference chief justices final judgment state highest criminal proceeding subject review reversal state government november appendix shows wide variety procedures used accommodate judicial proceedings needs petitioners state whatever claims may see appendix table post post standard applications habeas corpus often woefully inadequate apprise judge claim see appendix post pp see appendix table post pp see pp supra pp post opinion justice reed supra justice reed citation walker johnston indicate might proper case hold hearing puzzling case requires habeas corpus actions federal prisoners hearing held application answer return writ raise question fact language writ order returned day shall set hearing hardly requires hearing every case writ issued district judge may deny application without hearing return shows applicant failed exhaust state remedy certainly may may dispose case without hearing return conclusively shows applicant failure state claim see pp post see secretary state home affairs house lords ruled despite fact terms words appellate jurisdiction act vict wide enough give appeal matter present house lords jurisdiction hear appeal habeas corpus case went favor liberty subject worth noting decision house lords applied extended earlier decision house lords cox hakes powerful group judges lord halsbury lords watson bramwell herschell macnaghten joined tenor decision sufficiently indicated quotations follow lord halsbury wrote days technical pleading informality allowed prevent substantial question right subject liberty heard determined right instant determination lawfulness existing imprisonment twofold quality determination favourable liberty without appeal unfavourable might renewed jurisdiction turn exhausted time time pointed judges securing marked exceptional manner personal freedom subject proceeding suit summary application person detained bound view taken felt obliged follow law laid exercised independent judgment upon case determined whether return writ established detention applicant accordance law person detained custody might thus proceed obtained liberty need dwell upon security thus afforded unlawful imprisonment sufficient say person detained custody one tribunals power issue writ habeas corpus opinion custody unlawful agree justice frankfurter previous denial certiorari case given legal significance application writ habeas corpus case comes federal district also agree substance views expressed part ii opinion concerning bearing proceedings state courts upon disposition application writ habeas corpus federal district appendix opinion justice frankfurter list petitions certiorari compared lists habeas corpus applications federal district courts october may result different petitioners whose petitions certiorari comparable relief state decisions denied found brought subsequent proceedings federal district courts thereupon questionnaire sent concerning habeas corpus application answers questionnaires together study files form basis survey data set chronological sequence arranged relation issues affect information concerning proceedings set first part part ii concerning actions district courts papers disposition cases original petition filed cases least one copy petition filed two cases minimum nine copies required ordinary petitions certiorari petitions contained nine pages less petitions signed lawyers classification petitions according degree familiarity law shown petitioners petitions found even meet generous standard requiring petitioner intelligibly allege facts make minimum attempt connect facts legal principle whether principle valid even arguable papers filed support petition certiorari four petitioners whose papers still file submitted pages papers support petition certiorari petitioners filed average pages supporting papers per case full records though two cases due form filed petitioners eight cases excerpts records trial proceedings state proceedings petitioner assailed validity trial proceedings filed another cases shown table papers record filed cases among excerpts records filed cases state opinion filed proceeding issues presented citation filing opinion memorandum order cases first column table shows detail papers records filed issues presented issues raised petitioners varied substantial federal claims questions purely state law sorting petitions according claim seemed principal substantial one two three claims found often asserted principal claim inadequacy counsel representation counsel petitioner choosing claimed principal issue cases another sentences imposed attacked illegal excessive discriminatory cases claim made prosecuting attorney knowingly used perjured evidence suppressed evidence general errors preliminary proceedings asserted main claim cases errors indictment information errors affecting pleas concerning representation counsel affecting trial including inadmissibility evidence prejudice delay errors surrounding sentence miscellaneous claims denials right appeal hearing defects extradition proceedings totaled perhaps significance central problem discrepancy claims made made district courts comparison made part ii dealing issues presented district courts responses filed final disposition table supra shows papers filed petitioners necessarily papers cases either seriousness allegations inadequacy record presented petitioner called response state fourteen responses filed accordance requests addition docket shows responses filed state another cases responses cases additional parts record already filed petitioners thus came additions substantially change picture presented table example table part shows cases petitioner filed opinion excerpts cited opinion filed opinion responses additional cases like modifications instance exceeding cases made items table included papers filed state disposition cases marked contrast disposition ordinary petitions certiorari petitions certiorari state prisoners state denials relief miscellaneous applications almost always filed forma pauperis constitute petitions forma pauperis since study indicates rarely filed lawyers seldom accompanied adequate records decision whether entertain cases necessarily made upon less information greater dispatch ordinary petitions certiorari rough index disposition cases compared ordinary petitions certiorari afforded published figures showing proportion petitions granted ordinary petitions certiorari granted forma petitions miscellaneous applications granted term assumption certiorari jurisdiction ordinarily exercised merely decision may wrong attempt made indicate terms considerations affecting certiorari jurisdiction sort question presented questions purely state law seemed chief claim petitions questions probably sufficient general importance warrant exercise certiorari jurisdiction seemed chief claims another cases issue one primarily fact issue raised substantial issue already decided eighteen cases defied classification basis remaining cases presented questions principle although majority even probably present questions gravity general importance usually requisite areas granting certiorari ii papers disposition district applications habeas corpus three applications habeas corpus withdrawn unavailable remaining drawn lawyers failed meet minimum standards showing degree familiarity law referred connection petitions certiorari applications data available typed printed number pages ran slightly less petitions certiorari applications habeas corpus contained pages less contained supporting papers filed reference certiorari table shows degree applicant informed district previous certiorari proceedings demonstrates cases even reference applicant fact petitioned certiorari large majority cases simply allegation petition certiorari filed denied less cases applicant file papers serve indicate district questions table filing petition certiorari district total cases data available petition certiorari field certified petition uncertified petition excerpts petition total petition excerpts filed mere reference denial certiorari reference certiorari proceedings total information contents petition supporting papers filed reference state proceedings somewhat fewer papers percentage basis filed applications district courts concerning record state courts seems explanation difference chief significance however extent papers filed district courts alleged presented petition certiorari clear district courts may learned oral argument means whether papers filed previously since information thought impossible obtain necessary limit inquiry allegations papers also almost negligible number cases papers filed alleged also striking even cases conducted throughout apparently competent counsel allegations often made failure make allegations may reflect either fear counsel applicants without counsel demonstration presentation made prejudice cases perhaps feeling unimportant district judge papers also event practice apparently allege papers columns table supra set information exactly parallel contained column shows papers state proceedings filed column shows information district column shows many papers filed district alleged filed comparison columns shows extent papers actually alleged example cases information concerning opinion state proceedings district told however opinion cases column shows altogether cases district courts information concerning opinion synoptic view comparisons made table comparing line indicating number cases record excerpts filed thus cases part state record cases district part state record less cases district told allegation parts record issues raised issues raised course approximately raised insubstantial variation figures given types claims raised significance comparison claims made petitioners later district courts cases data available chief claim made also chief claim made district cases number course subject subjective error possibly differing interpretations chief claim unclear unlawyerlike petition perhaps significant summaries made show claim considered chief claim reappeared necessarily chief claim district cases conversely cases chief claim district raised petition data indicate always assumed even record course proceedings emphasis various claims raised cases claims raised district courts may made disposition cases district courts case writ habeas corpus granted district originally denied application writ reluctance review application already passed highest state reversal appeal writ granted application writ denied still pending remand appeal table sets extent appeal appeals sought taken shows decisions appeal cases reversals cases reversed remanded one pending one writ granted third application withdrawn table appeal district decisions entries appeal district docket certificate probable cause denied leave appeal forma pauperis denied appeal dismissed mandamus dismissed appeal pending affirmed appeal reversed remanded appeal variety procedures adopted cases district courts dealing applications chief among orders entered dismiss applications without orders show cause answer table shows cases lawyer appointed either amicus counsel applicant cases writ habeas corpus issued bring applicant table shows devices used combinations table procedures used disposing applications applications disposed without orders show cause answer order show cause order show cause counsel appointed applicant order answer order answer amicus appointed writs habeas corpus issued writ issued writ issued counsel appointed applicant writ issued order show cause writ issued order show cause counsel appointed applicant lawyers appointed amicus combination orders already listed counsel applicant connection orders already listed amicus without order counsel applicant without order hearing kind given cases data available cases disposed without disposed withdrawal application one case answer report amicus certain data concerning hearings set table table shows procedures used long hearing lasted shows applicant present hearings counsel also cases applicant represented counsel cases applicant present cases length hearings data available hour less cases table presence hearing length hearing data unavailable applicant counsel present applicant present without counsel applicant absent represented counsel applicant absent represented counsel ii total cases data length hearing available length hearing fifteen minutes less fifteen thirty minutes thirty minutes one hour total one hour less two hours two half hours three hours four hours three days total one hour cases district courts indicated reasons denying applications habeas corpus seen table district courts decided half cases directly merits either holding applicant facts constitutional claim almost half cases application denied various grounds bearing relation federal state courts cases denials based applicant failure exhaust state remedy since reason often amplified possible table grounds denial applications district courts total cases survey pending writ granted total cases data available reasons stated dismissal reasons going directly merits issue fairly considered state applicant day state federal courts ordinarily reexamine failure exhaust state remedy total want federal question applicant within invoked federal doctrine claim supported facts insufficient facts alleged support claim total application withdrawn applicant lack jurisdiction wrong district issue formerly considered federal total ii probable reasons reason stated issue fairly considered state want federal question applicant within invoked federal doctrine claim supported facts classify cases cases detailed statement reason made information available cases possible say several views requirement exhaustion implied cases applicant complied formal requirements prescribing time filing kind papers filed appeal higher state others applicant fully invoked one remedy state remedies still available remedy already invoked state procedural rules available cases course applicant failed allege show real attempt invoke state remedy cases decided directly merits disposed result varying degrees reliance state adjudication table shows cases judges stated applicant day state courts federal courts ordinarily reexamine state denials relief prisoners others felt claim fairly considered state courts included cases filed earlier continued october term cases filed october term continued later terms excluded work ready cooperation administrative office courts particularly shafroth orin thiel joseph spaniel clerks district courts important share donald trautman carrying study go unmentioned excluding eight petitioners codefendants petitioners presented issues petitioners petitioners appeared district courts separate cases words case petitioner used reference cases petitioner applicant used read one prisoners presenting claim arising trial clarity prisoners referred petitioners certiorari applicants habeas corpus district courts cases petitioners sought original habeas corpus mandamus relief included study unless federal district relief already invoked habeas corpus application interpreted reviewing state determination petitions certiorari applications relief included dismissed motion petitioners cases two petitions certiorari made single petitioner october term case analyzed presented issue course proceedings later presented district several applications habeas corpus made district courts application nearest time denial certiorari used unless first application rejected formal defects failure allege exhaustion state remedies failure set clearly course proceedings second application corrected defects second later application unlike first presented issue course proceedings asked review instances proceedings tangled impossible apply criteria thus although ordinarily case excluded state relief sought denial certiorari application federal district habeas corpus occasionally case included issue course proceedings district every file cases surveyed studied data following sections revealed files occasionally occurred particular data unavailable reason wherever tables presented total number cases data available indicated top table see two cases least papers returned petitioner bright line orders opinions order containing perfunctory statement general terms relief sought denied classified opinion table purport show papers filed filed petitioner figures give better index lack technical competence petitioners inability often prison confinement prepare papers post insubstantial change effected figures responses filed state discussed terms trial proceedings trial used denote trial petitioner convicted direct appeal conviction terms attacking proceedings attack include actions habeas corpus coram nobis remedies state courts obtain relief invalid conviction delayed motions new trial treated purposes tables attacking proceedings orders opinions part table includes trial proceedings judgment conviction sentence conviction papers well example order opinion direct appeal trial attacking proceedings even perfunctory order discussed included transcript proceedings transcript used denote stenographic report testimony hearings adequate excerpts transcripts included motions petitions used denote pleadings either party see pp post see report judicial conference annual report director administrative office courts see rules sup see supra see supra figures reflect information papers filed applicant information papers filed state given district judge oral argument however fairly asserted least cases entire files district sent response questionnaires pleadings state occasionally referred denial certiorari almost never gave information concerning petition papers filed cases district clerks may given requested information sufficient detail however cases deficiency apparent second requests information sent answers received cases deficiency apparent error excellence response cases questionnaires seems unlikely whatever error arises cases deficiency answers apparent account discrepancies figures see supra anderson eidson letter office jackson county sheriff kansas city missouri shafroth chief division procedural studies statistics advises applicant remanded custody sheriff case dismissed jackson county prosecutor lack available witnesses december one years applicant first raised claim state courts presented claim two state courts federal district appeals eighth circuit reversed refusal grant hearing remanded discharge prisoner occurred almost years arrest conviction plea guilty several unrelated counts one capital cases difficult determine docket entries whether hearing held procedure considered hearing least one party state applicant appeared argued points law fact addition procedures resulting docket entries stating hearing held including one case counsel present appear whether applicant present two cases information length hearing information concerning length transcript made stenographer one pages five cases information available length hearing data also given showing length transcript one hearings lasting one hour transcript pages hearing lasting three hours transcript pages one hearings lasting four hours transcript pages another one pages hearing lasting three days transcript pages time computed day filing application habeas corpus dismissal take account appeal time slightly inaccurate cases filed forma pauperis days may elapse time receives application time grants leave file forma pauperis cases docket papers indicated date application received date used rather date shown docket date application filed claim area federal protection afforded representation counsel applicant show case comes within requirements protection ignorance inability adequately defend justice jackson concurring result controversy undiscriminating use writ habeas corpus federal judges set aside state convictions traceable three principal causes use generality fourteenth amendment subject state courts increasing federal control especially criminal law field ad hoc determination due process law issues personal notions justice instead known rules law breakdown procedural safeguards abuse writ congress authorized federal courts issue writs habeas corpus prisoners custody violation constitution laws treaties time writ available england challenge sentence imposed competent jurisdiction historic purpose writ relieve detention executive authorities without judicial trial might expected congress intended reversal traditional concept habeas corpus said however one sentence act eventually construed authority federal judges entertain collateral attacks state criminal judgments whatever justification created potentialities conflict certain lead antagonisms unless power given federal judges responsibly used according lawyerly procedures genuine respect state fact finding established jurisdiction obviously grow expansion substantive grounds habeas corpus generalities fourteenth amendment indeterminate state actions forbidden found ready instrument one field another magnify federal incidentally authority expansion reached point state conviction disapproved majority thereby becomes unconstitutional subject nullification habeas corpus might demoralizing state judges anticipate comply due process requirements ascertain standards adhere prescribing course considerable uncertainty inherent decisional law changing times purports interpret implications constitutional provisions cryptic vagrant much obscurity inevitable matter opinion however considering remedy habeas corpus problems prudent assume scope reach fourteenth amendment continue unknown unknowable seems established one decision apt unsettled another interpretation less swayed contemporary intellectual fashions political currents may look upon unstable prospect complacently state judges gradually subordinated federal judiciary federal courts declared state judicial officers personally liable federal prosecution civil suit convicts fail carry constitutional doctrines rightly wrongly belief widely held practicing profession longer respects impersonal rules law guided matters personal impressions time time may shared majority justices whatever intended also generated impression much judiciary regard precedents authorities obsolete words longer mean always meant profession law knows fixed principles manifestation seen diminishing respect shown state adjudications fact course never considered foreclosed state decision facts determination results alleged denial federal right captious use power restrained observance rule elementary appellate procedure findings fact trial accepted appellate absence clear showing error trial seeing demeanor witnesses hearing parties giving case far time appellate give better position unravel disputes fact appellate printed transcript recent decisions avow candid alteration rules revision state fact finding grown emphasis respect withered disregard fact substantive law due process probably must remain vague unsettled invite farfetched borderline petitions makes important adhere procedures enable courts readily distinguish probable constitutional grievance convict mere gamble persuading indulgent judge let jail instead sanctioned progressive trivialization writ floods stale frivolous repetitious petitions inundate docket lower courts swell judged disposition habeas corpus matters class become peculiarly undeserving must prejudice occasional meritorious application buried flood worthless ones must search haystack needle likely end attitude needle worth search answer say petitions really result discharge petitioner condemnation procedure encouraged frivolous cases multiplicity worthless cases compelled default defend integrity judges official records sometimes concerning trials pleas closed many years ago state attorneys general recently come habitually ignore proceedings responding specially requested sometimes state courts wearied repeated demands upon declined elucidate grounds decisions assembled chief justices highest courts taken unusual step condemning present practice resolution denied trend decisions abandon rules pleading procedure protect writ abuse upon time writ substituted appeal reviewing process challenged legal competence jurisdiction committing departed principle profession believes issues actually consider federal prisoner habeas corpus substantially considered appeal conflict state courts inevitable result giving convict virtual new trial federal sitting without jury whenever decisions one reviewed another percentage reversed reflects difference outlook normally found personnel comprising different courts however reversal higher proof justice thereby better done doubt substantial proportion reversals state courts also reversed final infallible infallible final pleading requirements habeas corpus happened may best learned comparison meticulously pleaded facts circumstances relied upon opinion moore dempsey mooney holohan condonation absence price johnston really become necessary plead nothing prisoner jail wants get thinks illegal hold fails may make plea since constitution laws made pursuant law since supremacy uniformity federal law attainable centralized source authority denial state claimed federal right must give access federal judicial system federal interference state administration criminal law premature occur needed therefore ruled state convict must exhaust remedies state affords alleged grievance take federal habeas corpus allow appeal judgment conviction permits review question law state federal raised upon record state obliged furnish multiple remedies grievance good reason suffer collateral attack habeas corpus used substitute duplication appeal state properly may deny habeas corpus raise either state federal issues considered appeal restriction state respected federal courts assuming federal question reachable appeal properly presented habeas corpus decided adversely highest competent state prisoner come ask us review record certiorari go district institute new federal habeas corpus proceeding darr burford understand held circumstances prisoner must apply certiorari go federal exhaust state remedy whatever one may think result seem logical support asserting certiorari power part state remedy authority outside state imposes duty upon state turn case proceeding makes state virtually defendant say command certify case us state remedy indulge fiction difficulty fictions apt mislead proclaim proposed neutralize artificiality process counterbalance fiction certiorari state remedy holding step prisoner must take means nothing state fails cases quite one mind subject say denial means nothing others say means nothing much realistically first position untenable second unintelligible say prisoner must present case us time say means nothing anybody might conceivably take either position rationally two burden docket harass state authorities makes prisoner legitimate quest federal justice endurance contest true neither outside many occasions inside know reasons led six justices withhold consent certiorari know majority larger mustered good many decisions found reason reviewing case one knows denial means mean means nothing perhaps profession accept denial meaningless custom introduced noting dissents lawyers lower judges readily believe justices taking trouble signal meaningless division opinion meaningless act one facts life today every lower attach importance denials presence absence dissents denials judicial opinions lawyers arguments show fatal sentence real life writes finis many causes legal theory complete blank see order confusion meaning distinguishing significance doctrine stare decisis effect doctrine res judicata agree stare decisis denial certiorari given significance whatever creates precedent approves statement principle entitled weight case case certiorari denied minimum meaning allows judgment stand whatever consequences may upon litigants involved doctrine res judicata applied either state federal courts civil criminal judgment usually becomes res judicata sense binding conclusive even new facts discovered even new theory law thought except provision granting new trial usually discretionary trial limited time sometimes said res judicata application whatever habeas corpus cases surely apply conventional severity habeas corpus differs ordinary judgment although adjudication become final application renewable least new evidence material discovered perhaps result new decision new law becomes applicable case quite proper long issues relate jurisdiction call res judicata one courts obliged allow convict litigate exactly question evidence good reason identical contention rejected higher reviewed facts lower one chief objection giving limited finality denial certiorari pass upon writs habeas corpus casually upon grounds unrelated merits decision weight finality close personal consideration given justice multiplicity petitions class frivolous meaningless often unintelligible worthlessness class discredits individual application deluge reduced observance procedural safeguards manageable proportions possible examine cases care hear show merit think objection largely disappear fact superficial consideration cases inevitable result depreciation writ writ enemies deadly sanction abuse whatever intent state really obtaining conviction laws procedures violate federal constitution always serious wrong particular convict federal law probable six justices pass case intelligibly presented situation examination petitions show tested rational rules pleading actually raise question law state differed understanding prevailing point urged overrule state courts almost invariably appraisal facts example jury trial judge one appellate courts held conflicting evidence proves confession voluntary prisoner wants us say evidence proves coerced found prisoner waived counsel voluntarily pleaded guilty wants us find jury trial judge believed one set witnesses whose testimony showed guilt wants us believe hold convicted perjury type factual issue upon federal courts asked intervene upset state convictions plenty good reasons rarely even better reasons district undertake declined conclusion whether denied certiorari state judgment habeas corpus proceeding lower federal entertain petition except following conditions petition raises jurisdictional question involving federal law state law allowed access courts either habeas corpus appeal conviction therefore state remedy petition shows although law allows remedy actually improperly obstructed making record upon question presented remedy way ultimate application certiorari frustrated may circumstances extraordinary think justify departure rule case certainly whether one agree general proposition depend suppose latitude thinks federal courts exercise retrying de novo state criminal issues federal courts test state decision hearing new evidence new proceeding pretense exhaustion state remedies sham state courts given remedy evidence chance hear see federal courts hear evidence presented state unless prisoner prevented making record grievance result record bring certiorari circumstances seem call original remedy district courts position take evidence make record ultimately must pass develops conflict law federal state willing adopt doctrine federal settle procedures rules pleading practices weed abuses frivolous causes identify worthy ones know difficulty formulating practice rules pitfalls underestimate argument writ often petitioned prisoners without counsel held artificialities pleading expect lawyers know way equal justice law except law suggest general principles adhered reduce number frivolous petitions make decision upon possible earlier time alleviate irritation developing federal use writ slap state courts first habeas corpus shall absence state law contrary raise question decided appeal procedure review conviction absence showing contrary habeas corpus deemed lie defects disclosed record going power legal competence jurisdiction committing state second every petition federal required state may required state law contain plain full statement facts based unless facts proved warrant relief applicant entitled right hearing technical forms artificialities pleading required presumably federal release convict proves facts show invalidity conviction proof required hardship require simple statement petitioner given benefit liberal construction usual privileges amendment finds probably worthy case appointment counsel aid amending petition presenting case third petitions federal courts required state courts may required set forth every previous application relief grounds current petition made upon grounds earlier one state fully evidence available support offered explain failure present jurisdictional questions appropriate habeas corpus petitioner may barred proof newly discovered evidence asking much petition disclose basis appraising relevance effect precluded raising new grounds unconstitutionality later petition especially view unsettled character constitutional doctrines due process facts make new grounds applicable appear federal relief sought grounds state law affords remedy resort thereto obstructed unable present case state facts relied clearly fully set forth much probably may said criticism statement principles nothing convinced historical authenticity part traditional law habeas corpus application stop abuses grave foreshadow legislative restriction writ foreclose worthy causes earmark serious treatment deserve even wholly eliminate frivolous petitions discourage exposing frivolity earlier stage society interest maintaining unconstitutional conviction every interest preserving writ habeas corpus nullify occur constitution prevent state courts determining facts criminal cases make unconstitutional different opinion federal judge weight given evidence votes cases review petitions reviews guided nearly principles set forth herein concur result announced justice reed three cases ex parte ferguson ex parte lees el bl el eng dunn eng habeas corpus act car ii ex parte watkins pet darnel case tr purpose writ conspicuously successful reviewed failures especially wartimes wartime security liberty law buff ex rel knauff shaughnessy see equivocal discussion question frank magnum explicit assumption dissent earlier case ex parte royall contained dictum effect legislative jurisdiction validity statute conviction state challenged habeas corpus federal courts represents certain expansion traditional notions jurisdiction judicial sense means supports broad reach given federal habeas corpus recent cases see also moore dempsey mooney holohan idea uncertainty diversity views field may gleaned comparison rochin california wolf colorado adamson california decision screws dissenters anticipated led federal appeals hold federal law enforced federal courts imposes personal liability upon state judicial officers though admits result fateful portent judiciary several picking pennsylvania contrast absolute immunity suit enjoyed federal officials even administrative capacities gregoire biddle screws decision held promise protection state officials requiring denial constitutional right must proved wilful sense knowing intentional protection since withdrawn another appeals upheld conviction based charge wilfulness intent presumed inferred result action written dissent calling attention effect refused review koehler see oregon state medical society recent example application presumption favor lower federal finding fact compare watts indiana turner pennsylvania harris south carolina malinski new york illustrations cases salutary presumption favor state findings disregarded fact theory filed federal district courts one hundred petitions habeas corpus challenging state convictions two hundred five hundred five hundred speck statistics federal habeas corpus ohio shows period high number petitions filed convicts filed least one petition federal federal courts new hampshire south dakota percentage total petitions made repeaters percentages larger statistics available follows california illinois massachusetts missouri new jersey new york pennsylvania texas figures show unnecessary burden federal courts quantitative well dramatic tests see speck supra table statistics administrative office courts period show petitioners successful successful pages full numbers fail indicate must contend vividly history particular litigation wells litigation california object lesson conflict wells sentenced death california trial judgment affirmed california opinion gave extended consideration appellant contentions people wells cal denied certiorari wells california wells without seeking habeas corpus state petitioned federal district judge california habeas corpus judge took unusual step passing merits case spite fact state remedies exhausted prisoner remitted state courts district judge held merits california courts misapplied california law ex parte wells supp petitioner applied california writ habeas corpus instructed district judge adhered prior view law california wells cal denied certiorari wells california thereafter federal judge although conceding must take california law california courts voided conviction federal ground even mentioned earlier opinion ex parte wells supp opinions district judge show well aware difficulties presented procedure felt alternative light decisions indeed contributed lessons experience field goodman use abuse writ habeas corpus another caricature great writ action adamson litigation california adamson sentenced death california trial california affirmed judgment conviction people adamson cal granted certiorari heard case merits affirmed adamson california january one week date set execution adamson petitioned california habeas corpus petition denied denied application stay denied certiorari california adamson california later day denied certiorari judge district northern district california issued stay execution sentence district denied writ denied certificate probable cause appeal ex parte adamson judge appeals denied application certificate probable cause denied certiorari ex parte adamson even end however find adamson appealing california denial application writ coram nobis took occasion question good faith proceedings cal certainly use federal courts aids delaying tactics evidenced elevate stature writ habeas corpus mythical abuse real problem harassment state dixon duffy conference chief justices state government whereas appears reason certain principles enunciated certain recent federal decisions person whose conviction criminal proceeding state thereafter affirmed highest state whose petition review state proceedings denied may nevertheless obtain federal district judge writ habeas corpus new independent successive hearings based upon petition supported oath petitioner containing statement facts presented original proceedings state courts whereas multiplicity procedures available inferior federal courts convicted persons consequent inordinate delays enforcement criminal justice result said federal decisions tend toward dilution judicial sense responsibility may create grave undesirable conflicts federal state laws respecting fair trial due process must inevitably lead impairment public confidence judicial institutions therefore resolved considered view chief justices union conference duly assembled orderly federal procedure dual system government require final judgment state highest subject review reversal resolved chairman conference chief justices authorized hereby directed appoint special committee give study grave questions potential complications likely ensue power review void state judgments continues recognized lying courts federal judicial system save except said special committee report findings recommendations next regular meeting conference ex parte watkins pet view expressed solicitor general bar argument martinez neelly affirmed equally divided adversary agreed price johnston supra price johnston supra lower federal courts reversed dismissing convict fourth petition see also statistics repeaters note supra petitioner brown allen sought certiorari appeal state failed two justices dissented denial certiorari brown north carolina justice black justice douglas concurs dissenting four petitioners cases sentences death imposed north carolina state courts negroes brown speller convicted raping white women two daniels aged arrested convicted murdering white man state affirmed denied certiorari cases habeas corpus proceedings challenge validity convictions agree district habeas corpus jurisdiction cases including power release either prisoners held result violation constitutional rights understand reaffirmance principle embodied moore dempsey also agree exercise jurisdiction district power hear consider relevant facts bearing constitutional contentions asserted cases disagree conclusion petitioners failed establish contentions chief constitutional claims throughout extorted confessions used convict negroes deliberately excluded service jurors account race following reasons reverse judgments denying habeas corpus first denying habeas corpus cases district felt constrained give give weight prior denials certiorari appeals agree error disagree holding error harmless true considering denials certiorari reason refusing habeas corpus district judge attempted pass upon constitutional questions declined review convictions record shows difficulty attempt erase fact mind willing act assumption succeeded jury confession questions raised death cases entirely much record support refuse relief questionable assumption therefore reverse remand cases district judge consider appraise issues free erroneous belief decided petitioners denying certiorari second brown allen brown death sentence rape rests indictment returned forsyth county grand jury recently reversed five north carolina convictions ground systematic racial exclusion negroes forsyth county juries many years prior brunson north carolina upon review evidence brown habeas corpus proceeding holds forsyth county discriminatory jury practice abandoned old jury boxes refilled testimony relies names put box taken indiscriminately list county taxpayers negroes whites evidence relied since four seven negroes included jury venire concrete effect new box case stated north carolina one negro woman served grand jury least one prospective negro juror tendered defendant petit jury excused rejected counsel state brown third speller allen jury tried speller drawn vance county north carolina trial negro served vance country jury recent years negro even summoned result unconstitutional discrimination made clear fact negroes constitute country population taxpayers holds however discrimination completely cured refilling jury box names negroes whites small number negro jurors difficult explain except basis racial discrimination attempts explain relying upon another discrimination one hardly classified appealing democratic society apparently finds negroes excluded new jury box negroes happened less property white people words finds fact discrimination based race wealth jurors selected taxpayers property even declines pass constitutionality property discrimination ground petitioner objections based racial property discriminations agree narrow restriction petitioner objections jury brought death verdict jury discriminations seem plain fourth daniels allen also evidence establishes unlawful exclusion negroes juries race state refused review evidence state procedural grounds absence state review ground held cut review federal habeas corpus proceedings two preceding cases state review evidence also reviewed find difficult agree soundness philosophy prompts grant second review state granted one deny review state granted none following facts indicate obviousness discriminatory negro exclusion jury service pitt county case tried negroes constituted population county taxpayers jury box names included negroes including daniels trial negro ever served grand jury modern times petitioners made objection ample time juries discriminatorily chosen conclusion consider act manifest racial discrimination rests facts petitioners death sentence granted appeal forma pauperis state june trial judge granted days lawyers make serve statement case appeal preparation statement comparable bill exceptions consumed valuable time difficulty getting stenographic transcript completion petitioners counsel friday august called prosecuting attorney office serve found town according record family away weekend beach returned home sunday get back office monday august statement delivered office sheriff friday day apparently compliance north carolina law instead receipted office day two days return beach state attorney general moved dismiss ground notice one day late although admittedly discretionary authority hear appeal dismissed case petitioners thereby prevented arguing point racial discrimination consequently never passed appellate denial state appellate review plus obvious racial discrimination thus left uncorrected enough make one extraordinary situations says authorizes federal courts protect constitutional rights state prisoners cf frisbie collins thinks review question grant petitioners protections guaranteed constitution subvert entire system state criminal justice destroy state energy detection punishment crime agree state systems feeble object habeas corpus search records prevent illegal imprisonments hold unavailable circumstances degrade think moore dempsey forbids case negroes convicted sentenced death jury selected practice systematic exclusion negroes juries state refused consider discrimination ground objection come late denied certiorari later federal district summarily dismissed petition habeas corpus alleging foregoing serious acts trial unfairness urged upon prior certiorari petition nevertheless held district committed error refusing examine facts alleged read moore dempsey supra standing principle never late courts habeas corpus proceedings look straight procedural screens order prevent forfeiture life liberty flagrant defiance constitution kennedy perhaps exalted judicial function willing agree exercised cases like except special circumstances extraordinary situations join opinion attempts confine great writ within rigid formalistic boundaries justice frankfurter justice black justice douglas join dissenting nos reached constitutional claims controversy seen fir review cases declined orders signify accordingly proceedings left precisely though petitions certiorari filed habeas corpus brought initially district frisbie collins case held district foreclosed going merits barred determining whether cases came within decisions finding systematic discrimination negroes five north carolina trials brunson north carolina suppose district circumstances found brown speller basis assuming appeal appeals fourth circuit specialized local knowledge matters decided favor petitioners basis reason assuming cases come powerful opinion judge parker let us say finding systematic discrimination deemed appropriate review weighty conclusion taken case found facts meaning different appeals fourth circuit found assumptions unwarranted especially light impressive showing justice black fact unconstitutional discrimination juries two cases life stake protest strongly affirming decision appeals patently based ground foreclosed procedural grounds considering merits constitutional claims decide wrong believing foreclosed affirmance district denial writs habeas corpus cases vulnerable without guidance appeals proceeds consider merits constitutional claim concludes systematic discrimination keeping negroes juries deemed necessary consider merits merits equally open appeals already indicated far better situated assess circumstances jury selection north carolina draw appropriate inferences sustains lower courts ground right review merits foreclosed petitioners lost right review failure comply requirements north carolina law perfecting appeal north carolina state daniels given understand argument petitioners lawyer mailed statement case appeal day prosecutor office received day law north carolina clearly complied delivered hand day opportunities appeal north carolina courts federal courts cut although north carolina courts discretion hear appeal important emphasize fact north carolina fixed period taking appeal decisive question whether refusal exercise discretion legislature north carolina vested judges act arbitrary cruel operation considering life stake circumstances case constitutes denial due process rudimentary procedural aspect dealing frivolous even tenuous claim denial rights guaranteed constitution proceedings led death sentence suffices quote said dissent circuit judge soper one experienced hardheaded federal judges attempt part state north carolina pending appeal show gross violation constitutional rights prisoners trial daniels allen basic reason closing federal state courts petitioners serious claims circumstances jejune abstraction habeas corpus used appeal judge soper dealt deceptiveness formula quoting judge learned hand found truth regard generality thirty years ago shall discuss length occasions justify resort writ objection open appeal somewhat extensive review authorities years ago concluded law great confusion decisions since scarcely tended sharpen lines find definite rule writ available determine points jurisdiction stricti juris constitutional questions whenever else resort necessary prevent complete miscarriage justice kulick kennedy trial strict application procedural rules capital case two instances rulings preventing defendants attorneys raising jury question hardly approved proper exercise judicial discretion defendants merely asked rulings enabled obtain review highest state trial action grave constitutional question relief granted without interfering enforcement criminal laws state hardly doubted decision case lay within discretion judge taken state deemed powerless interfere thus presented impasse surmounted proceeding like told time legalistic requirements disregarded examining applications writ habeas corpus rules relaxed cases trial acted duress perjured testimony knowingly used prosecution plea guilty obtained trick defendant inadequately represented counsel hawk olson darr bu ford difficult see material distinction practical effect circumstances plight prisoners pending case caught technicalities local procedure consequence denied constitutional right although denial petition certiorari sought latest three decisions north carolina prior initiation habeas corpus proceedings review inappropriate say certiorari denied affords good illustration reason holding legal significance attaches denial beyond wit wisest panel judges determine ground reason petition denied papers case afford rational foundation saying ground rather conflicting bases rejection may well influenced different members unlikely individual members feel necessary determine two grounds decisive language course read mean constitutional rights may freely waived appropriate circumstances conscious failure appeal may constitute waiver question whether failure appeal