United States of America, Ex Rel. Silvio De Vita v. Lloyd W. McCorkle Principal Keeper of the New Jersey State Prison at Trenton, New Jersey

I am in substantial agreement with the opinion of the court and add this brief concurrence only to emphasize those con*10siderations which to me seem decisive in this case. This seems worthwhile because the role of the federal courts in' these challenges to the essential fairness of state criminal convictions is a particularly difficult one. It becomes our duty to distinguish between state action which we merely disapprove as unwise or undesirable, and that which in our best judgment is intolerable. It was the inherent difficulty in thus separating the intolerable from the merely undesirable…