Question Details

Who will decide on the life of Duane Buck?

Who will decide on the life of Duane Buck?

Asked by: Super Userkruijs in General » Litigation
Settled on 11/12/2016 14:43 Settled by Super UserJosef Biesenberger
Winning option:The Supreme Court https://en.wikipedia.org/wiki/Duane_Buck

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Background

Duane Buck, who has spent the last 16 years on death row in Texas, narrowly avoided lethal injection on Thursday. Now he must await another tense standoff as his lawyers attempt to have his execution commuted to a life sentence.

Buck was granted a 30-day reprieve this week, Buck's lawyers have asked the supreme court to look at the case, but it is more than likely that the supreme court will not hear Buck's case. If so, his lawyers will ask for a clemency hearing which are held by the Texas Board of Pardons and Paroles. The board, which has already rejected Buck's bid to have his death sentence commuted to life in prison, will then make a recommendation to Perry.

In 1997, Buck was found guilty of the murder of his former girlfriend, Debra Gardner. At his trail defence, psychologist Walter Quijano said Buck's colour made him more of a threat, a factor juries have to take into consideration when sentencing.

http://www.guardian.co.uk/world/2011/sep/16/duane-buck-texas-executions

Find similar: duane buck, rick perry

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   Super Userkruijs

In a 6-3 decision on November 20, the Texas Court of Criminal Appeals denied a request from death row inmate Duane Buck for a new sentencing hearing, despite the fact that racially prejudicial statements had been made during his trial. While the jury was being asked to consider if Buck would be a future danger to society, a psychologist testified that African Americans commit a disproportionate number of criminal offenses. Buck's case was one of seven identified in 2000 by then-Texas Attorney General John Cornyn in which testimony linking race to future dangerousness was impermissibly used. The other six defendants received new sentencing hearings, but Buck did not because his case was still in the early stages of appeal.

http://www.deathpenaltyinfo.org/texas-court-criminal-appeals-denies-new-hearing-duane-buck

   Super Userkruijs

then-Attorney General John Cornyn became aware of the racial bias that had infected these cases, and he ordered a review of all of these cases that Dr. Quijano testified in. And each case, he gave an opinion that they need a resentencing hearing. And all of them received their hearing except for Mr. Buck. And it’s likely, or it seems probable, that that happened because AG Cornyn was at the end of his term. He went on to do other things. The next AG, Greg Abbott, did not grant the resentencing or recommend the resentencing hearing. It clearly looks that Mr. Buck’s case fell through the cracks, which is even more egregious when it’s a capital case. No case, no individual, no defendant should ever fall through the cracks of the criminal justice system, but when the ultimate punishment is on the line, it is morally reprehensible.

The case is now in front of the Court of Criminal Appeals in Texas. We have filed an appeal on Mr. Buck’s behalf. The Court of Criminal Appeals will—can either remand our case to the district court for a hearing and further review of the claims that we’ve raised, or it can reject or dismiss or deny our appeal and send us—send Mr. Buck’s case to the Supreme Court.

http://www.democracynow.org/seo/2013/4/1/prosecutor_seeks_stay_of_execution_for

   Super UserKentoine Johnson

If he waiting on Rick Perry his family better get that plot ready

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