Tom C. Clark

“ It is clear that in enacting § 2255, Congress did not intend to enlarge the available grounds for collateral attack, but rather sought only to correct serious administrative problems that had developed in the exercise over the years of habeas corpus jurisdiction.
The Court today holds that the trial court may have committed an error of law which will require the reconstruction of the evidence as to the number of shots fired by Ladner. As I have indicated, this may require a retrial of this fourteen-year-old case. Here the indictment and judgment are admittedly regular on their faces. ”

“ It appears entirely probable that a much greater administrative problem will result than confronted the courts before the enactment of § 2255.
The Court cites seven cases in which we decided 'questions of statutory construction' although the questions were raised by 'collateral attack upon consecutive sentences. * * *' But those cases only point up my position the more, i.e., that a collateral attack can be made only where the error in the sentence is apparent from the facts alleged in the four corners of the indictment or admitted by the parties. ”

“ Meanwhile, the Court says, Ladner is no precedent on the question of 'the availability of a collateral remedy.' Despite this, the Court permits its use here. This ad hoc disposition is not in keeping with good business conduct so necessary in court administration.
I do not reach the merits. The Congress, however, may correct that error of the Court. But the ad hoc manner in which it has today disposed of the case we shall have with us always-a precedent for others to follow. ”