Earl Gene Tomlin v. Dr. George Beto, Director, Texas Department of Corrections and the State of Texas

The petitioner’s primary contention is that the procedure for establishing recidivism under the Texas Punishment Enhancement Statutes (Habitual Offender Acts) is unconstitutional. Tomlin argues that the procedure violates the due process clause of the Fourteenth Amendment in that, through the indictment and evidence of prior convictions, the state informs jurors of such convictions before they determine his guilt of the primary offense. The Supreme Court has now settled this issue adversely to petitioner. Spencer v. State of Texas, 1967, 385 U.S. 554, 87 S.Ct. 648, 17 L.Ed.2d 606.

Tomlin also…