.

[860] Wade _v._ Mayo, 334 U.S. 672, 683-684 (1948); De Meerleer _v._
Michigan, 329 U.S. 663, 664-665 (1947); Betts _v._ Brady, 316 U.S. 455,
472 (1942); Powell _v._ Alabama, 287 U.S. 45, 51-52, 71 (1932).

[861] Townsend _v._ Burke, 334 U.S. 736, 739-741 (1948); De Meerleer
_v._ Michigan, 329 U.S. 663, 665 (1947); Smith _v._ O'Grady, 312 U.S.
329, 332-333 (1941).

[862] Rice _v._ Olson, 324 U.S. 786, 789-791 (1945).

[863] Gibbs _v._ Burke, 337 U.S. 773, 780-781 (1949). Devotion to the
Fair Trial doctrine has also created another problem for the Court, that
of a burdensome increase in the volume of its business. Inasmuch as
accurate appraisal of the effect of absence of counsel on the validity
of a State criminal proceeding has been rendered more difficult by the
vagueness of that doctrine as well as by the Court's acknowledged
variation in the application thereof, innumerable State prisoners have
been tempted to seek judicial reconsideration of their convictions. To
reduce the number of such cases which it is obliged to examine on their
merits, the Court had been compelled to have recourse to certain
protective rules. Thus, when a State prisoner seeks to attack the
validity of his conviction by way of _habeas corpus_ proceedings begun
in a lower federal court, application for that writ will be entertained
only after all State remedies available, including all appellate
remedies in State courts and in the Supreme Court by appeal or writ of
certiorari, have been exhausted. This rule, however, will not be applied
when no adequate State remedy is in fact available. Also when a
prisoner's petition for release on the grounds of the unconstitutionally
of his conviction has been rejected by a State court, a petition for
certiorari addressed to the United States Supreme Court will be denied
whenever it appears that the prisoner had not invoked the appropriate
State remedy. Or stated otherwise, where the State court's conviction or
refusal to grant writs of _habeas corpus_ to those under State sentences
may fairly be attributed to a rule of local procedure and is not
exclusively founded on the denial of a federal claim, such as, right to
counsel, the Supreme Court will refuse to intervene. As in the case of
other legal rules, Justices of the Supreme Court have often found
themselves in disagreement as to the manner of applying these
aforementioned principles; and vigorous dissents arising out of this
very issue were recor