Did the Texas Court of Criminal Appeals err in failing to apply Supreme Court precedents regarding the Confrontation Clause when allowing a surrogate pathologist to testify about an autopsy report in violation of a defendant's Sixth Amendment rights?

Did the Texas Court of Criminal Appeals err when it failed to apply this Court's holdings in Smith v. Arizona , 602 U.S. __ (2024) and Crawford v. Washington , 541 U.S. 36 (2004) to a case, not final until after Crawford was announced, where the Petitioner was denied his Sixth Amendment Right to confront the highly impeachable medical examiner who performed the victim's autopsy because the State used a “surrogate” pathologist witness to admit the autopsy report and establish the victim's cause of death? See Seavey v. Texas , 145 S. Ct. 368 (2024) (mem.).