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LaRoyce Smith v. Texas
No. 05-11304
    LaRoyce Lathair Smith v. Texas


    Capital Sentencing, Death Penalty, Penry v. Johnson, Mitigation, Mitigating Evidence
  1. In Smith v. Texas, 543 U.S. 37 (2004), this Court summarily reversed the Texas Court of Criminal Appeals and found constitutional error under Penry v. Lynaugh, 492 U.S.302 (1989) (Penry I), and Penry v. Johnson, 532 U.S. 782 (2001) (Penry II). Is it consistent with this Court's remand in this case for the Texas Court of Criminal Appeals to deem the error in petitioner's case harmless based on its view that jurors were in fact able to give adequate consideration and effect to petitioner's mitigating evidence notwithstanding this Court's conclusion to the contrary?

  2. Can the Texas Court of Criminal Appeals, based on a procedural determination that it declined to adopt in its original decision that this Court then summarily reversed, impose on remand a daunting standard of harm ("egregious harm") to the constitutional violation found by this Court?



    Parties Counsel of Record

For Petitioner Smith:

Jordan Steiker
Austin, TX
For Respondent Texas :
R. Ted Cruz
Solicitor General
Office of the Attorney General
Austin, TX


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