Marino v. Ragen

Mr. Justice Rutledge,

with whom Mr. Justice Douglas and Mr. Justice Murphy join,

concurring.

This case sharply points up a much larger problem, of growing concern to this Court, than merely the disposition to be made of Marino’s petition in view of the state’s confession of error. I agree that relief is due him, and I join in the Court’s opinion. But I do not find his case different, except in one respect, from many others which have come regularly to this Court from Illinois in recent years, in which relief has been as regularly denied. The only substantial difference, in my judgment, is that…