“ Consequently, as far as I am concerned, the Illinois remedies are exhausted here, apart from the state's confession of error. I also think that, until that state affords a reasonably clear and adequate means for presenting and disposing of such questions as Marino's case involves, this Court should no longer require exhaustion of its present scheme of ineffective and inadequate remedies before permitting resort to the federal district courts sitting in Illinois. ”

“ The exhaustion-of-state-remedies rule should not be stretched to the absurdity of requiring the exhaustion of three separate remedies when at the outset a petitioner cannot intelligently select the proper way, and in conclusion he may find only that none of the three is appropriate or effective. ”

“ The possibility of securing effective determination on the merits is substantially foreclosed by the probability, indeed the all but mathematical certainty, that the case will go off on the p ocedural ruling that the wrong one of several possible remedies has been followed. ”

“ Drysch, 311 Ill. 342, 349, 143 N.E. 100, which were not known to the trial court, People v. Schuedter, 336 Ill. 244, 168 N.E. 323, which do not conflict with jury findings, and which petitioner failed to raise because of excusable mistake rather than negligence on his, or his attorney's part, see People v. Rave, 392 Ill. 435, 440, 65 N.E.2d 23. See Comment, Collateral Relief from Convictions in Violation of Dur Process in Illinois, 42 Ill.L.Rev. 329.↑ It is questionable whether Illinois affords a remedy for a man deprived of his right to counsel. ”