Smith v. Hooey/Concurrence White

Mr. Justice WHITE, concurring.

I join the opinion of the Court, understanding its remand of the cause 'for further proceedings not inconsistent with this opinion' to leave open the ultimate question whether Texas must dismiss the criminal proceedings against the petitioner. The Texas court's erroneous reliance on the fact of incarceration elsewhere prevented it from reaching the other facets of this question, which may now be adjudicated in the manner permitted by Texas procedure.

Separate opinion of Mr. Justice HARLAN.