What remedies are available to a state criminal defendant who has been convicted of a federal offence under Section 1983 of the Criminal Code?

The majority opinion has the single virtue of assuring that there is absolutely no residual unavailability of federal remedies to any state criminal defendant. However, there is no support in the Constitution or in 1983 for the principle that "every person asserting a federal right is entitled to one unencumbered opportunity to litigate that right in a federal district court." Allen v. McCurry, 449 U.S. 90, 103 (1980). A 1983 action need not "always and everywhere be available." Spencer, 523 U.S. at 17.

Section 1983 aside, a convicted criminal is not without recourse. Upon release from custody, a convict may seek

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