Smith v. Texas — Alito, J., dissenting

Summary

Justice Alito, dissenting, argues that the petitioner failed to preserve his federal constitutional claim regarding jury instructions because he did not object to the trial court's proposed instructions intended to cure the defect. He contends the Texas Court of Criminal Appeals properly applied its Almanza procedural default rule requiring a showing of egregious harm, which constitutes an adequate and independent state ground. He would dismiss the case for want of jurisdiction. Justice Souter concurred.