Judgment Issued

Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Souter, J., filed a concurring opinion. Alito, J., filed a dissenting opinion, in which Roberts, C. J., a

Statement of costs for printing received.

Argued. For petitioner: Jordan Steiker, Austin, Tex. (Appointed by this Court.) For respondent: R. Ted Cruz, Solicitor General, Austin, Tex.; and Gene C. Schaerr, Washington, D.C. (for California, et al., as amici curiae.)

Reply of petitioner LaRoyce Lathair Smith filed. (Distributed)

Motion for leave to participate in oral argument as amici curiae and for divided argument filed by California, et al. GRANTED. (orders list)

Motion for divided argument filed by California, et al. (Distributed)

Brief amici curiae of California, et al. filed. (Distributed)

Brief of respondent Texas filed. (Distributed)

Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)

Record received from Court of Criminal Appeals Texas

Extension of time within which to file respondent's brief on the merits to and including December 29, 2006.

CIRCULATED.

Joint appendix filed. Joint appendix in two volumes. (Vol.II oversized.)

Brief amicus curiae of Constitution Project filed.

Brief of petitioner LaRoyce Lathair Smith filed.

Motion to appoint counsel filed by petitioner GRANTED. Jordan Steiker, Esquire of Austin, Texas is appointed to serve as counsel for the petitioner in this case. (orders list)

SET FOR ARGUMENT ON Wednesday, January 17, 2007.

Motion DISTRIBUTED for Conference of November 9, 2006.

Motion to appoint counsel filed by petitioner LaRoyce Lathair Smith.

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. (orders list)

Supplemental brief of respondent Texas filed. (Distributed)

DISTRIBUTED for Conference of October 6, 2006.

Reply of petitioner LaRoyce Lathair Smith filed.

Brief amici curiae of John J. Gibbons, et al,. filed.

Brief of respondent Texas in opposition filed.

Brief amicus curiae of Constitution Project filed.

Order further extending time to file response to petition to and including September 5, 2006.

Order extending time to file response to petition to and including August 4, 2006.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2006)

LaRoyce Lathair Smith, Petitioner, represented by Jordan Steiker

Texas, Respondent, represented by R. Ted Cruz

Texas, Respondent, represented by Edward L. Marshall

Texas, Respondent, represented by Kimberly A. Schaefer

California, et al., Amicus Curiae, represented by Gene C. Schaerr

Constitution Project, Amicus Curiae, represented by Seth P. Waxman

Criminal Justice Legal Foundation, Amicus Curiae, represented by Kent S. Scheidegger

John J. Gibbons, et al,., Amicus Curiae, represented by Erwin Chemerinsky