William J. Brennan, Jr.

“ There is no reason to treat federal trial errors as less destructive of constitutional guarantees than state trial errors, nor to give greater preclusive effect to procedural defaults by federal defendants than to similar defaults by state defendants. ”

“ For unlike a claim of denial of effective counsel or of violation of the privilege against self-incrimination, as examples, a claim of illegal search and seizure does not impugn the integrity of the fact-finding process or challenge evidence as inherently unreliable ”

“ Conceding this distinction, we are unable to understand why it should lead us to restrict, completely or severely, access by federal prisoners with illegal search-and-seizure claims to federal collateral remedies, while placing no similar restriction on access by state prisoners.
The opportunity to assert federal rights in a federal forum is clearly not the sole justification for ederal post-conviction relief; otherwise there would be no need to make such relief available to federal prisoners at all. ”

“ United States, 357 U.S. 301, 313, 78 S.Ct. 1190, 2 L.Ed.2d 1332, 1197 (1958) :
'We are duly mindful of the reliance that society must place for achieving law and order upon the enforcing agencies of the criminal law. But insistence on observance by law officers of traditional fair procedural requirements is, from the long point of view, best calculated to contribute to that end. ”

“ But this difference provides no basis for limiting the grounds upon which federal prisoners may obtain collateral relief, or for formulating a separate set of rules to determine when a federal prisoner's claim has adequately been adjudicated. Where a federal trial or appellate court has had a 'say' on a federal prisoner's claim, there may be no need for collateral relitigation. ”

“ Justice BLACK, dissenting.
Notes
↑ The pertinent provisions of 28 U.S.C. § 2255 are:↑ Petitioner intiated the § 2255 proceeding by a pro se motion. The only claim presented was denial of effective assistance of counsel. The District Judge ordered a hearing, and appointed counsel to assist petitioner. Counsel filed a supplemental motion presenting two additional claims, one of which was that the search of petitioner's automobile was illegal.↑ Warren v. United States, 8 Cir., 311 F.2d 673, 675 (1963) ; see also Springer v. United States, 8 Cir., 340 F.2d 950 (1965) ”