U.S. Supreme Court Justice Ketanji Brown Jackson said Monday that her colleagues should have agreed to hear a constitutional challenge from a man sentenced to death for the murder of an off-duty border patrol agent in Texas.

Jackson, a former public defender, said a Texas court deprived Gustavo Tijerina Sandoval of his right to due process when it conducted prescreening of prospective jurors without him and his attorney present. Sandoval was appealing a decision by the Texas Court of Criminal Appeals finding that he had no constitutional right to be at those proceedings.