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EX PARTE SMITH

No. AP-74228.

185 S.W.3d 455 (2006)

Ex parte LaRoyce Lathair SMITH, Applicant.

Court of Criminal Appeals of Texas.

March 1, 2006.

Attorney(s) appearing for the Case

Jordan Steiker, Austin, for Appellant.

Kim Schaefer, Asst. District Atty., Dallas, Matthew Paul, State's Atty., Austin, for State.

COCHRAN, J., delivered the opinion of the Court in which KELLER, P.J., and PRICE, WOMACK, and JOHNSON, JJ., joined.

OPINION

This death-penalty habeas corpus case is on remand from the United States Supreme Court.1 Our original opinion held that the Penry2 jury nullification instruction given in applicant's case was not constitutional error because: (1) applicant's mitigation evidence was not "constitutionally relevant"; (2) his evidence was encompassed by the two...

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