Federal courts routinely dismiss claims attacking a verdict as against the weight of the evidence on the basis that they are not federal constitutional issues cognizable in a habeas proceeding.

US 331, 369. "Where the power to punish for contempt is asserted, it is not important that the case is technically in court or that further proceedings, such as the possibility of a rehearing, are available. When a case is pending is not a technical lawyer's problem, but is to be determined by the substantial realities of the specific situation."

Therefore, the Court finds that it must be dismissed on the basis that is not a federal constitutional issue amenable to review in this federal habeas proceeding. Accord

—the remedy guaranteed the citizen. 24 However, it is well established that the legislature may reasonably regulate habeas corpus so long as the legislation does not abrogate or detract from the protective force of the writ of habeas corpus as protected by the constitution. 25 Hence, it is submitted that section 15-217, merely because it replaces habeas corpus with the new …

Frankfurter supported Judge Learned Hand's analysis of what was to be regarded as a miscarriage of justice.