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SMITH v. TEXAS

No. 04-5323.

543 U.S. 37 (2004)

125 S.Ct. 400

160 L.Ed.2d 303

SMITH v. TEXAS

Supreme Court of United States.

Decided November 15, 2004.

PER CURIAM.

Petitioner LaRoyce Lathair Smith was convicted of capital murder and sentenced to death by a jury in Dallas County, Texas. Before the jury reached its sentence, the trial judge issued a supplemental "nullification instruction." Ex parte Smith, 132 S.W.3d 407, 409 (Tex. Crim. App. 2004). That instruction directed the jury to give effect to mitigation evidence, but allowed...

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