Decatur v. Hiatt

In his petition for habeas corpus for release from confinement,- appellant alleged that he had applied by motion for relief under Sec. 2255, 28 U.S.C.A., but he did not show that he had prosecuted the motion with effect. Neither did he show that such remedy by motion was “inadequate or ineffective to test the legality of his detention”. Notwithstanding this failure and the fact that the record showed that the motion under Sec. 2255 had been denied, the district judge entertained his petition and heard and considered his claim that he was entitled to release on habeas corpus because his plea…