550 U. S. ____ (2007)

LaROYCE LATHAIR SMITH, PETITIONER v. TEXAS

on writ of certiorari to the court of criminalappeals of texas

Justice Souter, concurring.

I join the Court’s opinion. In some later case, we may be required to consider whether harmless error review is ever appropriate in a case with error as described in Penry v. Lynaugh, 492 U. S. 302 (1989) . We do not and need not address that question here.