Earl Warren

“ There are circumstances in which our responsibility of definitively interpreting the law of the land and of supervising its judicial application would dictate that we dispose of a case on its merits. In a situation, for example, where the invalidity of the judgment is clear and the motion to vacate and remand is obviously a means of avoiding an adjudication, I think we would be remiss in our duty were we to grant the motion. ”

“ Although a full hearing might well establish petitioner's contention that his conviction violated the Double Jeopardy Clause of the Constitution, Amend. 5, no devious purpose can be ascribed to the Government, which asserts that the prosecution of petitioner 'was * * * by inadvertence,' and that it 'does not intend to take (such action) in the future.' Its representation with respect to future practice is given support by the Attorney General's memorandum to United States Attorneys which establishes a closely related policy against successive federal-state prosecutions ”

“ Authority to grant this type of motion is one thing, however, and determination of the considerations relevant to a proper exercise of that authority is another. As I believe that the Court should not deny all such motions peremptorily, so do I believe that we should not automatically grant them through invocation of the policy of avoiding decision of constitutional issues. ”