The State of Texas v. Daniel Grundstrom

(dissenting) :

Invoking our power under 28 U.S.C. § 2243 to dispose of habeas corpus petitions “as law and justice require,” I would dismiss the State’s appeal with the proviso that if Grundstrom be retried it be on the original charge, that he not be subject to any sentence greater than that first imposed, and that he be given credit for time served under the 1962 conviction. I must respectfully dissent from this Court’s' dismissal of the appeal without qualification.

The argument that we should pretermit discussion of the constitutional issue and leave its initial resolution to state courts…