Fred M. Vinson

“ Nothing has been shown to warrant our holding at this stage of the proceeding that the Section 2255 procedure will be 'inadequate or ineffective' if respondent is present for a hearing in the District Court on remand of this case. In a case where the Section 2255 procedure is shown to be 'inadequate or ineffective', the Section provides that the habeas corpus remedy shall remain open to afford the necessary hearing. ”

“ This is in accord with procedure in habeas corpus actions. [38] Unlike the criminal trial where the guilt of the defendant is in issue and his presence is required by the Sixth Amendment, a proceeding under Section 2255 is an independent and collateral inquiry into the validity of the conviction Whether the prisoner should be produced depends upon the issues raised by the particular case. Where, as here, there are substantial issues of fact as to events in which the prisoner participated, the trial court should require his production for a hearing. ”

“ Under such circumstances, we do not reach constitutional questions. This Court will not pass upon the constitutionality of an act of Congress where the question is properly presented unless such adjudication is unavoidable, [41] much less anticipate constitutional questions. [42]
We conclude that the District Court erred in determining the factual issues raised by respondent's motion under Section 2255 without notice to respondent and without his presence. We hold that the required hearing can be afforded respondent under the procedure established in Section 2255. ”

“ Holohan, 1935, 294 U.S. 103, 55 S.Ct. 340, 79 L.Ed. 791 (knowing use of perjured testimony by prosecution) ; Johnson v. Zerbst, 1938, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (no intelligent waiver of counsel in federal court) ”

“ Stack v. Boyle, 1951, 342 U.S. 1, 6-7, 72 S.Ct. 1, 4-5; Johnson v. Hoy, 1913, 227 U.S. 245, 33 S.Ct. 240, 57 L.Ed. 497; Ex parte Royall, 1886, 117 U.S. 241, 6 S.Ct. 734, 29 L.Ed. 868.↑ Alma Motor Co. v. ”