When will a judge refuse to hear a coram nobis and habeas corpus application?

There is an understandable tendency to try to avoid hearings in coram nobis and habeas corpus proceedings where it appears that there is little merit in the petition, and that hearing might well be of no avail to the petitioner. With the crowded dockets and delay caused by a heavy judicial workload, a diligent judge, out of concern for our goal of speedy justice, may well overlook the fact that a particular application alleges sufficient particulars to require a hearing. Our concern for efficiency must not outweigh our concern for individual rights, We cannot refuse a hearing because hearings generally show that there is no real

[297 F.2d 604]

basis for relief, or even because it is improbable that a prisoner can prove his claims. See U.S. ex rel. Marcial v. Fay, 247 F.2d 662, 669 (2nd Cir. 1957), cert. denied, 355 U.S. 915, 78 S.Ct. 342, 2 L.Ed. 2d 274 (1958). Once we embark upon shortcuts by creating a category of the "obviously guilty" whose rights are denied, we run the risk that the circle of the unprotected will grow.

[297 F.2d 604]