The Supreme Court has overturned the death sentence for a man who has been on death row since 1997 because of the racist testimony of a witness called by his own lawyers. On Wednesday, the court decided 6-2 to give Duane Buck another chance. Buck was convicted of killing his ex-girlfriend and her male friend, and wounding his own stepsister, with a shotgun in Texas in 1995.

During the sentencing phase of the trial in 1997, Buck’s own defense lawyers knowingly called an expert witness to the stand who claimed that Buck ran a higher risk of posing a danger in the future because he is black. “It’s a sad commentary that minorities–Hispanics and black people–are over-represented in the criminal justice system,” said former prison psychiatrist Dr. Walter Quijano.

ICYMI: Today #SCOTUS ruled in favor of a new sentencing hearing for our client, #DuaneBuck. Read our statement: https://t.co/xlU5mo1zPP pic.twitter.com/CxEOJPTgil

— Legal Defense Fund (@NAACP_LDF) February 22, 2017

The jury listened to Quijano and sentenced Buck to death. Then began Buck’s long series of appeals. He appealed the original sentence, but didn’t raise the issue of ineffective assistance of counsel. A state court affirmed his sentence. Then Buck’s lawyer filed a petition for a writ of habeas corpus, but it didn’t mention Quijano or his testimony. But then it was discovered that Quijano had given racist testimony in several other cases. Some of those convicted raised claims in federal court in 2000, and they were granted new sentencing hearings.

Duane Buck’s trial lawyer, who put on testimony that his own client was dangerous for being black, still works in the 208th court every day.

— Franklin Bynum (@bynumlaw) February 22, 2017

Buck’s lawyer filed a second habeas petition, claiming ineffective assistance of counsel by the trial lawyers, but it was filed in state court and not in federal. Then-Texas Attorney General John Cornyn said that because Buck’s own defense had called Quijano as a witness, there was no mistake made by the state and therefore nothing that needed to be fixed. The fact that Buck didn’t mention Quijano in the first habeas corpus was the final nail in the coffin.

In the new petition, filed in October, Buck’s defense cited “extraordinary circumstances” in order to pursue the ineffective assistance of counsel claims, even though that legally should have been done in the first place. This time SCOTUS listened. Chief Justice John Roberts wrote in the majority decision that the testimony in 1997 by Quijano claimed “that the color of Buck’s skin made him more deserving of execution. No competent defense attorney would introduce such evidence about his own client.”

Justices Clarence Thomas and Samuel Alito dissented, saying that the heinousness of Buck’s crime and his lack of remorse justify the death penalty. But, Buck will now be able to have a new hearing on his sentence.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Hey y’all!

We’ve all seen the news coverage about the Michael Brown shooting in Ferguson, Missouri. Not just the shooting, but also the aftermath that has turned a tiny town into a rioting disaster. Just in case you didn’t hear, Michael Brown was a young black man who was shot several times and killed on August 9 by a white police officer. But did you hear about the young man in Utah who was also shot and killed by a police officer? No? I’m not surprised. Twenty-year-old Dillon Taylor was shot to death by a black police officer two days after Michael Brown.

Where is the outcry filled with blinding rage in Utah that has filled the streets of Ferguson? Why have there been no reports of Dillon Taylor’s death, except a few small pieces found here and there on random news sites? No mention on CNN, MSNBC, or any well known 24-hour news station.

Dillon Taylor, described as white and Hispanic, was shot right outside of a 7-11 on August 11 by a black police officer. I hate to quote Rush Limbaugh because I’m not a huge fan of his, but he said it best on his radio show: “In the current climate in the United States, a black person can never be the oppressor, and a white person can never be a victim.” Truer words have never been spoken. I realize that history has shown that white people oppressed blacks and other races. But the same has happened to whites, obviously not in the same way and not as widely remembered, but everyone has been oppressed in some way at some point in history. Why is the life of this young black man more important the life of a young white and Hispanic man?

The biggest point I want to make is that both of these young men should have the same amount of coverage, but they don’t and it is all based on race double standards. If you take a step back and look at the context of both of these shootings you would realize that there is no real difference except the color of their skin and that of the police officers. When will people stop and think about the bigger picture, not everything should be about color. It is about right and wrong. And for that matter we don’t even know who is right and wrong until all of the facts are released and the police officers who did the shootings have been investigated.

—

Allison Dawson (@AllyD528) Born in Germany, raised in Mississippi and Texas. Graduate of Texas Tech University and Arizona State University. Currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative.

Featured image courtesy of [DonkeyHotey via Flickr]

Allison Dawson

Allison Dawson was born in Germany and raised in Mississippi and Texas. A graduate of Texas Tech University and Arizona State University, she’s currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative. Get in touch with Allison at staff@LawStreetMedia.com.

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