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Smith v. Texas (2007) : ウィキペディア英語版 | Smith v. Texas (2007)
''Smith v. Texas'', , was a United States Supreme Court case about a challenge to a Texas death penalty court procedure. Justice Anthony Kennedy wrote the opinion of the Court, holding 5-4 that the Texas procedure was improper. Justice Samuel Alito wrote a dissent. == Background == LaRoyce Lathair Smith was convicted of capital murder in the 1991 murder of a Dallas Taco Bell employee. He was sentenced to death by a jury in Dallas County, Texas. In 2004, the Supreme Court overturned his death sentence because of an improper jury instruction and sent the case back to Texas state court.〔See ''Smith I'', 543 U.S. 37 (2004).〕 After the case was remanded, the Texas Court of Criminal Appeals held that Smith’s pre-trial objections did not preserve the claim of constitutional error he asserted. "Under the Texas framework for determining whether an instructional error merits reversal, the state court explained, this procedural default required Smith to show egregious harm — a burden the court held he did not meet."〔''Smith II'', 550 U.S. at ___ (2007).〕 Smith appealed, and the Court granted ''certiorari''. Smith's attorneys for the appeal included four retired federal appeals court judges.
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