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SMITH v. TEXAS (No. 05-11304)
185 S. W. 3d 455, reversed and remanded.
Syllabus

Opinion
[Kennedy]
Concurrence
[Souter]
Dissent
[Alito]
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550 U. S. ____ (2007)

SUPREME COURT OF THE UNITED STATES

LaROYCE LATHAIR SMITH, PETITIONER v. TEXAS

on writ of certiorari to the court of criminalappeals of texas


[April 25, 2007]

    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.