SCOTUS backs man who's lawyers argued because he is black he's more dangerous
http://www.cnn.com/2017/02/22/politics/duane-buck-supreme-court-death-row-ruling/index.html
so a victory for all out of a heinous case. Of course it was Texas which was arguing against it. Still good to see such a large majority ruling from the court on this issue.
The Supreme Court ruled Wednesday in favor of a death row inmate in Texas whose own lawyers introduced evidence at trial that he was more likely to be dangerous in the future because he is black.
The court ruled that the inmate, Duane Buck, will now be able to go back into a lower court and argue that he should have a new sentencing hearing.
In a 6-2 ruling, Chief Justice John Roberts wrote the majority opinion holding that Buck has "demonstrated both ineffective assistance of counsel" and has an "entitlement to relief."
Justices Clarence Thomas and Samuel Alito dissented.
"But our holding on prejudice makes clear that Buck may have been sentenced to death in part because of his race. As an initial matter, this is a disturbing departure from a basic premise of our criminal justice system: Our law punishes people for what they do, not who they are," Roberts wrote.
At the heart of the matter was the testimony provided by Dr. Walter Quijano, one of two psychologists retained by the defense. Quijano testified that the fact that Buck was black "increased the probability" that he would commit future acts of criminal violence. In Texas, so-called "future dangerousness" must be established before a death sentence is rendered.
"Put another way," Buck's current lawyers argued in court papers, "Mr. Buck's lawyers presented evidence that Mr. Buck was more deserving of a death sentence under Texas law because of his race."
http://www.cnn.com/2017/02/22/politics/duane-buck-supreme-court-death-row-ruling/index.html
so a victory for all out of a heinous case. Of course it was Texas which was arguing against it. Still good to see such a large majority ruling from the court on this issue.