“ In its brief on the merits, respondents have brought to our attention a series of prison documents, whose accuracy has in no way been drawn into question by petitioner, that cast petitioner's detention in a light wholly different from that shed by his petition for certiorari. ”

“ California law provides that where no maximum term is set, the punishment shall be life imprisonment subject to the power of the California Adult Authority to 'determine and redetermine' the length of time that a prisoner shall be required to serve. ”

“ Since no response eventuated in this instance and respondents also failed to flush the problem at the certiorari stage, [3] both this Court and the attorney appointed by the Court to represent petitioner here have unwittingly been placed in the unfortunate posture of addressing a situation that does not exist. ”