Coleman v. State

I have read all seven opinions of the eight judges of the Supreme Court who voted on this cause, 399 U.S. 1, 90 S.Ct. 1999, 26 L.Ed.2d 387.

At the risk of being portrayed in the role of Sancho Panza, to extend the metaphor used by Mr. Justice Stewart, I conclude that the object of remand as stated by the opinion of Brennan, J., is infeasible.

First, Code 1940, T. 15, § 1351 has been taken by most magistrates to be directory only. See annotations in Michie’s 1958 Code. A matter which the Supreme Court of the United States, considers of such importance should not be merely relegated to the usual…