This first case of the 1974 Tern is concerned primarily with procedure. It does involve a substantial procedural question. One problem I have with it is whether the attorney has been so interested in establishing a procedural principle that he has permitted his client to rot in jail for 16 months. He just might have been able to get a new trial in the state court had he been willing to proceed on the state side without worry or concern about the procedural principle. That, at least, is something that perhaps may be developed by questions at the oral argument.
Blackmun, H.A. Preliminary Memorandum, Francisco v. Gathright, 419 U.S. 59 (1974). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.