William O. Douglas

“ We ruled that if prisoners had to wait until the first sentence was served before the constitutionality of the second could be challenged, grave injustices might be done:
'By that time, dimmed memories or the death of witnesses is bound to render it difficult or impossible to secure crucial testimony on disputed issues of fact. * * * To name but a few examples (of prejudice resulting from the kind of delay McNally imposes) , factual determinations are often dispositive of claims of coerced confession * * *; lack of competency to stand trial * * * ”

“ Both the petition for habeas corpus and the petition for rehearing were pro se products. Thus the false issue got into the case.
The Court holds that the challenge of the North Carolina judgment may not yet be made in California because the prisoner has not yet shown under California law whether the existence of the North Carolina detainer can affect or is affecting his parole potential or custodial status and therefore that he has not exhausted his remedies under 28 U.S.C. § 2254 (1964 ed., Supp. V) . ”