Smith, LaRoyce v. Texas (04/25/2007)

Questions presented: (1) Is it consistent with the Supreme Court's remand in this case for the Texas Court of Criminal Appeals to deem the error in Smith's case harmless based on its view that the jurors were in fact able to give adequate consideration and effect to Smith's mitigating evidence notwithstanding the Supreme 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 the Supreme Court then summarily reversed, impose on remand a daunting standard of harm ("egregious harm") to the constitutional violation found by the Supreme Court?

On Oct. 6, 2006, the U.S. Supreme Court accepted the case for review and allowed Smith to proceed without costs. The Court had ruled in Smith's favor in a 7-2 per curiam opinion on Nov. 15, 2004, and remanded the case to the Texas Court of Criminal Appeals.