Cite as: 512 U. S. 339 (1994)
Blackmun, J., dissenting
Although this procedural limitation has not been raised as a defense in the present case, I note my view that, at least where mere statutory violations are at issue, a prior opportunity for full and fair litigation precludes a state-prisoner petition no less than a federal-prisoner petition. As the Court today reaffirms, " '§ 2255 was intended to mirror § 2254 in operative effect.' " Ante, at 353, quoting Davis v. United States, 417 U. S. 333, 344 (1974). Cf. Frady, supra, at 166. Otherwise a prisoner, like petitioner, transferred from federal to state prison under the IAD would have three chances to raise his claim (state direct, state habeas, and § 2254) while a prisoner transferred from state to federal prison under the IAD would have only one. Since the present petitioner raised his IAD claim on direct appeal in the Indiana courts and on state habeas review, his federal habeas claim could have been rejected on the ground that the writ ordinarily will not be used to readjudicate fully litigated statutory claims.
Justice Blackmun, with whom Justice Stevens, Justice Kennedy, and Justice Souter join, dissenting.
The federal habeas corpus statute allows a state prisoner to challenge his conviction on the ground that he is "in custody in violation of the Constitution or laws or treaties of the United States." 28 U. S. C. § 2254(a). The Court acknowledges, as it must, that the Interstate Agreement on Detainers (IAD) is a "la[w] . . . of the United States" under this statute. See Carchman v. Nash, 473 U. S. 716, 719 (1985); Cuyler v. Adams, 449 U. S. 433, 438-442 (1981). In addition, respondents concede that a defendant tried in clear violation of the IAD's 120-day limit would be held in custody in violation of a law of the United States. Tr. of Oral Arg. 37. Nevertheless, the Court appears to conclude that a violation of the IAD is simply not serious enough to warrant collateral relief, at least where the defendant fails to invoke
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