Robinson

Robinson appeals from a denial by the district court of his application for a writ of habeas corpus. The ground of the denial is that Robinson has failed to apply for relief under 28 U.S.C. § 2255 by motion to the court which sentenced him, it further appearing that the remedy by that motion is neither inadequate nor ineffective , to test the legality of his detention.

Robinson contends that he is entitled to have his habeas corpus application entertained because § 2255 provides a remedy only where the facts showing an unlawful detention are dehors the record while here some of the grounds of his application concern the conduct of the court in the course of the trial. The first sentence of the motion statute shows the contrary. It provides that its relief may be sought where “the sentence was in excess of the maximum authorized by-law, or is otherwise subject to collateral attack”.

Whether a sentence is in excess of the maximum authorized by law is solely a matter within the record of the condemning court. The succeeding phrase “or is otherwise subject to collateral attack” includes other grounds within that court’s record.

Robinson relies on, the following statements of the…