Cite as: 510 U. S. 383 (1994)
Syllabus
uisite number of prior convictions is not unfair and will enhance the proceeding's accuracy by ensuring that the determination is made on the basis of competent evidence. P. 396. 3. Because of the resolution of this case on Teague grounds, the Court need not reach the questions whether the Double Jeopardy Clause applies to noncapital sentencing, whether Missouri's persistent-offender scheme is sufficiently trial-like to invoke double jeopardy protections, or whether Bullington should be overruled. Pp. 396-397. 979 F. 2d 109, reversed.
O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Blackmun, Scalia, Kennedy, Souter, Thomas, and Ginsburg, JJ., joined. Stevens, J., filed a dissenting opinion, post, p. 397.
Frank A. Jung, Assistant Attorney General of Missouri, argued the cause for petitioners. With him on the briefs was Jeremiah W. (Jay) Nixon, Attorney General.
William K. Kelley argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, Deputy Solicitor General Bryson, and Ronald J. Mann.
Richard H. Sindel, by appointment of the Court, 510 U. S. 806, argued the cause and filed a brief for respondent.*
*Briefs of amici curiae urging reversal were filed for Cook County, Illinois, by Jack O'Malley, Renee G. Goldfarb, and Theodore Fotios Burt-zos; and for the Criminal Justice Legal Foundation by Kent S. Scheidegger and Charles L. Hobson.
Michael D. Gooch filed a brief for the National Legal Aid and Defender Association et al. as amici curiae urging affirmance.
A brief of amici curiae was filed for the State of Arkansas et al. by Winston Bryant, Attorney General of Arkansas, Clint Miller, Senior Assistant Attorney General, and Kyle R. Wilson, Assistant Attorney General, John M. Bailey, Chief State's Attorney of Connecticut, Charles M. Oberly III, Attorney General of Delaware, Larry EchoHawk, Attorney General of Idaho, Mike Moore, Attorney General of Mississippi, Joseph P. Mazurek, Attorney General of Montana, Don Stenberg, Attorney General of Nebraska, Frankie Sue Del Papa, Attorney General of Nevada, Carol Henderson, Deputy Attorney General of New Jersey, T. Travis Medlock, Attorney General of South Carolina, and Joseph B. Meyer, Attorney General of Wyoming.
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