EDITORIAL Stay of Execution Published: September 16, 2011 The New York Times
After granting a stay of execution to Duane Buck just hours before he was to be put to death in Texas on Thursday, the Supreme Court must now review the case or, at the very least, order a lower federal court to consider Mr. Buck’s plea for a new sentencing hearing. It cannot allow a terrible injustice to stand.
Mr. Buck, an African-American, was convicted of murder in 1997. At the sentencing phase of his trial, a psychologist who was an expert witness said “yes” when asked if “the race factor, black,” increased the chances that Mr. Buck would do something dangerous again.
In Texas, this is a pivotal question: if the state does not prove “future dangerousness” beyond a reasonable doubt, it cannot sentence a convict to death. The prosecution got the answer it wanted and urged the jury to rely on this testimony. The jury sentenced Mr. Buck to death.
In 2000, Senator John Cornyn, who was then the Texas attorney general, called for new sentencing hearings for six men given the death penalty — including Mr. Buck — because race was improperly used as a factor in their sentencing.
Mr. Buck is the only one who has not been granted a new sentencing hearing. The state district attorney in charge in Mr. Buck’s case refused to admit that the use of race was a constitutional error that required a new hearing. By the time the case got to federal court, there was a new Texas attorney general who refused to abide by Mr. Cornyn’s judgment.
The gross racism in Mr. Buck’s case is proof again that the death penalty is cruel and unusual because it is arbitrary and discriminatory, as well as barbaric, and must be abolished.
There was no racism involved in his crime and conviction in any way shap or form. He colded bloodly comitted murder, he did not hesitate when he did so and there is no reason to give him another... more
Texas death penalty case shows that details of fairness are crucial Posted Sunday, Sep. 18, 2011 Texas Death Row inmate Duane Edward Buck had eaten his last meal Thursday evening and was praying when ... more
November 11, 2011, 2:25 pm Duane Buck, Race and Capital Punishment By ANDREW ROSENTHAL One of the things I would like to do with this blog is provide a space to discuss issues with a level of detail... more
Texas inmate whose execution stopped at last minute loses appeal to US Supreme Court • THE ASSOCIATED PRESS • First Posted: January 09, 2012 - 11:50 am Last Updated: January 09, 2012 - 11:50 am... more
The S. Ct. order is at: http://www.supremecourt.gov/orders/courtorders/091511zr1.pdf - - - - - http://www.cbsnews.com/stories/2011/09/15/national/main20107049.shtml September 15, 2010 | 9:34 pm EDT... more
Nov 7, 2011 12:01pm Supreme Court Denies Appeal on Race Tainted Death Penalty Case The U.S Supreme Court declined today to grant the appeal of a Texas death row inmate who claims race was improperly... more
More Than 60 Civil Rights and Faith Leaders, Elected Officials, Former Prosecutors, and Past ABA Presidents Call on Harris County D.A. to Provide Remedy in Case of Duane Buck Death Penalty Case... more
Reprieve for man 'sentenced to death for being black' By Guy Adams in Los Angeles Saturday, 17 September 2011 With just hours to go before he was due to be killed by lethal injection, a convicted... more
September 16, 2011 6:36 Perry speaks out on Supreme Court's stay of Texas death row case By Rebecca Kaplan Topics Campaign 2012 Republican presidential candidate, Texas Gov. Rick Perry (Credit:... more
WashPost On Faith blog - Taylor: A victim’s plea for clemency News article from: AP - US Supreme Court asked to halt Texas execution ... Commentary from: Atlantic - Cohen: Perry Fundraises in Iowa as ... more
Duane Buck: what happens next? Duane Buck was granted a 30-day reprieve in Texas on Thursday night, but a series of legal obstacles remains before his execution is commuted to a life sentence •... more
Dr. Quijano was brought in by the defense and testified that Buck was less likely to reoffend. The prosecution, under cross examination, then asked Quijano if men and blacks were more likely to be... more
The Cautionary Instruction: The death penalty as political device Friday, 22 March 2013 Written by Matt Mangino The death penalty continues to have strong support. A January Gallup Poll found that 63 ... more
Former Gov. White calls for new hearing in death row case By Brian Rogers | March 20, 2013 | Updated: March 20, 2013 3:27pm Former Texas Governor Mark White on Wednesday called for a new sentencing... more
Texas Prosecutor and Ex-Governor Agree: No Death Penalty for Being Black The Texas prosecutor who won the death penalty against Duane Buck now says Buck deserves a new sentencing hearing. What’s the... more
Racism in a Texas Death Case By THE EDITORIAL BOARD Published: May 10, 2013 Duane Buck, who was convicted of two murders, is the only one among the defendants who was not granted a new sentencing... more
Crucial facts were left out of the story. The defense called two psychologists as experts, Walter Quijano and Patrick Lawrence, both of "whom confirmed and restated Quijano's position, that Buck had... more
Houston Chronicle - Study claims race a key factor in death penalty cases Texas Observer - Death Row Inmate Appeals, Cites Report Showing Racial Bias in Harris County BET - Texas County Twice as... more