In affirming convictions pursuant to a Texas statute implementing common law recidivist procedure, the Supreme Court attenuated the efficacy of allegations of jury prejudice and of alternative means as constitutional determinants in the consideration of criminal procedures absent potential frustration of specific constitutional provisions. Based upon pragmatic considerations of judicial efficiency and deference to state prerogative, the decision may extend beyond its unique factual situation to narrow significantly the role of due process in defining the range of permissible state criminal procedures.
Constitutional Law: Supreme Court Indicates Significant Limitation Upon Review of State Criminal Procedures,
1967 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol16/iss4/5