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In our federal system, most areas of criminal law, both substantive and procedural, are properly within the control of the states. When, however, a federal constitutional claim is raised pursuant to a criminal conviction, the federal courts are the ultimate forum. Federal collateral relief has been available since 1867, when federal habeas corpus was extended to state prisoners alleging denial of a federal right.'Two recent Supreme Court decisions, Fay v. Noia2 and Townsend v. Sain, 3 greatly expand the scope of such relief and demonstrate that federal habeas corpus will be vigorously employed to guarantee a forum to state prisoners who may have been convicted in deprivation of their constitutional rights.

The two cases present an immediate challenge to the state courts if they are to maintain their control over criminal matters. The essence of Noia and Townsend is that all federal claims must be heard on the merits …