William Leon Wallace v. John T. Willingham, Warden United States Penitentiary, Leavenworth, Kansas

MURRAH, Chief Judge.

The trial court dismissed the petitioner’s application for a writ of habeas corpus on the grounds that the exclusive remedy for his alleged illegal restraint was provided in Section 2255, 28 U.S.C.A. Appeal was allowed in forma pauperis and appointed counsel has advanced the rather novel argument that the prior unsuccessful proceedings under Section 2255 was “ineffective and inadequate” because the petitioner was not represented by counsel in those proceedings and the ancient writ is therefore available to test the cause of his restraint on the same grounds.

The facts are…