Getting it right

Commenting on the Court's capital-sentencing decisions today, Michael notes that the 5 Catholic Justices split (1-4) in ruling that the Texas Court of Criminal Appeals -- I'm quoting Lyle Denniston -- "wrongly put up a new legal barrier to a death row inmate's challenge to jury instructions in his sentencing."  Michael asks, "which Catholic[s] got it right?"

I don't know.  (The opinions are here.)  I am confident, though, that the question presented -- whether a defendant's pretrial objections to jury instructions preserved for review a particular constitutional challenge to those instructions -- is one to which the Catholic faith does not supply an answer.  Do you disagree, Michael?