Smith v. Texas, No. 05-11287
In a first-degree murder and death penalty case in which sentencing took place in between the two Penry decisions of the Supreme Court, denial of relief on collateral review is reversed where a state court's errors of federal law regarding preservation of a Penry claim could not be the predicate for requiring him to show egregious harm, and petitioner appeared to be entitled to relief under the applicable state harmless-error framework. Read more...
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