Whether a state court of last resort which dismisses without argument or opinion a challenge to the constitutionality of a statute from a judgment dismissing without determining the factual issues presented, a petition for review of Petitioner containing factual allegations which, if true, show that Petitioner is being held in custody in violation of federal constitutional rights, should be vacated and the cause be remanded to the state court for a ruling on the question whether his claims may be determined under a state statute providing a remedy for any state prisoner who asserts such claims or whether the statute does not afford an appropriate remedy?

QUESTION PRESENTED FOR REVIEW Whether a state court of last resort which dismisses without argument or opinion a challenge to the : . constitutionality of a statute from a judgment dismissing without determining the factual issues presented, a | petition for review of Petitioner containing factual , allegations which, if true, show that Petitioner is being held in custody in violation of federal constitutional ; . rights, should be vacated and the cause be remanded to the state court for a ruling on the question whether his claims may be determined under a state statute providing , _aremedy for any state prisoner who asserts such claims . or whether the statute does not afford an appropriate remedy? i