United States of America Ex Rel. William J. Johnson, E4204 v. Angelo C. Cavell

The labyrinthine factual situation presented by this case tends to obscure what is, in my view, a most important question of federal habeas corpus jurisdiction, the improper resolution of which might well disturb the fragile balance of federal-state relationships so essential to the proper functioning of our system of government.

It would appear the majority has assumed, I believe incorrectly, that federal habeas jurisdiction was properly invoked by petitioner, and thus, that the federal court has something to retain. Moreover, whatever jurisdiction may be thought present here, and I suggest…