Texas Court of Criminal Appeals Denies New Hearing for Duane Buck

By aholsinger

In a 6-3 decision, the Texas Court of Criminal Appeals denied a request from death row inmate Duane Buck for a new sentencing hearing. During the sentencing phase of Buck’s trial, a psychologist testified that Buck posed a future danger because blacks are more likely to commit crimes. Buck’s was one of seven cases identified in 2000 by then-Texas Attorney General John Cornyn in which testimony linking race to future dangerousness was impermissibly used. The six other defendants received new sentencing hearings, but Buck has not. Three members of the court wrote in their dissent, “[t]he record in this case reveals a chronicle of inadequate representation at every stage of the proceedings, the integrity of which is further called into question by the admission of racist and inflammatory testimony from an expert witness at the punishment stage.” Buck’s attorneys said they intend to appeal the decision. “We will ask the U.S. Supreme Court to review the important due process and equal protection issues at stake in Mr. Buck’s case, and we are hopeful that the Supreme Court will intervene to right this unequivocal wrong,” they said.

(M. Graczyk, “Split Texas court rejects condemned man’s appeal,” Associated Press, November 20, 2013.) See Arbitrariness and Race. Read the dissenting opinion. Read the Press Release from Duane Buck’s attorneys.

Via: Texas Court of Criminal Appeals Denies New Hearing for Duane Buck