Cite as: 512 U. S. 339 (1994)
Blackmun, J., dissenting
411 U. S. 233, 239, n. 6 (1973) (finding it "difficult to conceptualize the application of one waiver rule for purposes of federal appeal and another for purposes of federal habeas corpus").
Second, Congress' clear mandate of the remedy of dismissal can be read to constrain this Court's equitable or supervisory powers to determine an appropriate remedy, either on direct review or on habeas.10 Nothing in our case law even suggests that, where Congress has mandated a remedy for the violation of a federal law, a habeas court is free to cast about for a different remedy. The remedy prescribed by the statute must be the remedy that "law and justice require." 28 U. S. C. § 2243. In other words, the prerogative writ of habeas corpus should be exercised in accord with an express legislative command. See IAD, Art. IX, § 5 (directing "[a]ll courts . . . of the United States . . . to enforce the agreement on detainers and to cooperate . . . with all party States in enforcing the agreement and effectuating its purpose"). At the very least, the drastic remedy of dismissal saves the IAD from falling below the Hill fundamentality line.
conduct was sufficient to present and preserve an issue for appeal, but was found somehow wanting for habeas purposes.
10 McCarthy v. United States, 394 U. S. 459, 464, 468-472 (1969), and Timmreck, 441 U. S., at 784, are not to the contrary. In McCarthy, the Court looked to the language and purposes of Federal Rule of Criminal Procedure 11 and to the lower courts' varying responses to noncompliance before requiring, as an exercise of the Court's supervisory powers, relief for Rule 11 violations raised on direct review. In Timmreck, the Court denied relief on collateral review for a comparable Rule 11 violation, in part because, under McCarthy, the defendant could have challenged it on direct appeal, but did not. In these cases, of course, the remedy for a violation was left to the Court. In requiring relief on direct review, but not on habeas, the Court was at most differing with itself. It was not disregarding a congressional directive.
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