Oh, what case is this, from Trevino v. Thaler?
MR. OLDHAM: Well, Your Honor, I think you could do one of two things: You could always certify the question to the Court of Criminal Appeals if you thought that the question — that the answer turns on what the Texas procedures are and that the parties disagree with them.
JUSTICE BREYER: I tried that once in a case involving Pennsylvania and the result was such that I resolved never to do it again. (Laughter.) JUSTICE BREYER: But — but don’t say never. All right. So one thing we got -
JUSTICE ALITO: That was a case in which - that was the case in which the Court unwisely reversed a certain Third Circuit decision. (Laughter.)
I don’t have time to check now. But I gather Judge Alito remembered.