Earl Warren

“ But the prematurity rule of McNally in many instances extends without practical justification the time a prisoner entitled to release must remain in confinement. Rowe and Thacker eventually may establish that the convictions they challenge were obtained in violation of the Constitution. If they do, each day they are incarcerated under those convictions while their cases are in the courts will be time that they might properly have enjoyed as free men. ”

“ Meaningful factual hearings on alleged constitutional deprivations can be conducted before memories and records grow stale, and at least one class of prisoners will have the opportunity to challenge defective convictions and obtain relief without having to spend unwarranted months or years in prison.
We find unpersuasive the arguments made in McNally to support the narrower interpretation of the custody requirement. No prior decision of the Court was cited as clear authority for the prematurity doctrine. ”

“ In the United States, the Act of February 5, 1867, c. 28, 14 Stat. 385, made the writ available to 'any person * * * restrained of his or her liberty in violation of the constitution, or of any treaty or law of the United States.'↑ Rev.Stat. § 753 (1874) . ”