Federal-State Conflicts in the Field of Habeas Corpus

Abstract

A QUESTION that has long plagued the federal judiciary is when a lower federal court should entertain an application for habeas corpus by a state prisoner. T e thought has been expressed that when a federal district court releases a state prisoner on habeas corpus it is in effect reviewing or reversing a final judgment of a state's highest court;' and it has been stated many times that only the Supreme Court of the United States should so reverse or review these final judgments.2 Only recently has the opinion been voiced that a federal court is not reviewi g a state judgment whe it entertains a petition by a state prisoner, but is merely applying the supreme Law of the Land.' It has been recognized that the exercise of the power of the federal courts to discharge state prisoners where they are held in custody in violation of their rights under the Constitution or laws of the United States is within t e sound discretion of these courts.4 It has also been recognized that [t]hat discretion should be exercised in the lig t of the relation existing between state and federal courts under our dual form of gover ment, which relation should not be disturbed by conflicts betwee state and national tribunals that are equally bound to guard constitutional rights.5 The opinion of Justice Frankfurter in Brown v. Alle laid down six or directions that should govern the District Judges in the disposition of applications for habeas corpus by prisoners under sentence of State courts.' These standards probably represe t the views of a majority of the Court,' and if followed should do much to prevent any unnecessary conflicts between state and national tribunals.' Justice Frank-