John Wesley Ralls v. John R. Manson, Commissioner of Correction of the State of Connecticut

(concurring) :

I concur, but for reasons different from those stated in the court’s per cur-iam opinion. The procedural history in this case shows not so much that the state prisoner has failed to exhaust his remedies but rather that the pursuit of those remedies has exhausted him. Were it not for the considerations which persuade me that the petition should be dismissed, I would think the petition raised very serious questions of due process because the enjoyment of the right to appeal has been so long delayed by action of the state and its judicial officers that the right has been nullified…