The Supreme Court took up the case of Duane Buck, a double murderer sentenced to death after a defense witness testified his race makes him a future danger. (Photo: AP)
WASHINGTON -- The Supreme Court heard the first of several cases on its 2016 docket involving racial discrimination Wednesday and left little doubt: The justices know it when they see it.
That should be good __news for Duane Buck, a Texas prisoner convicted of a vicious double murder nearly two decades ago. His death sentence, rather than life imprisonment, was based partly on testimony that he would be more dangerous in the future because he is black.
That testimony came from a defense witness.
"When the defendant's own lawyer introduces this, the jury is going to say, 'Well, it must be true. Even the defendant's lawyer thinks that this is true,'" Justice Elena Kagan said.
Texas prosecutors had agreed to reconsider the sentences of six other prisoners following similar testimony from clinical psychologist Walter Quijano, which they acknowledged was unconstitutional. But they refused to give Buck the same consideration because the prejudicial testimony was not presented by the prosecution, Texas Solicitor General Scott Keller said.
Within minutes, the justices made clear what they thought of Buck's sentencing hearing and appeals. "What occurred at the penalty phase of this trial is indefensible," Justice Samuel Alito said.
Justice Sonia Sotomayor pointed out that Buck's original lawyer had a reputation for losing capital cases. Reports indicated that "if you want to ensure a death penalty, hire this lawyer," she said.
Despite the obvious racial bias, the case hinges on whether Buck's various lawyers missed their opportunities to raise timely challenges. If the court rules for Buck, Alito said, it may open a floodgate of challenges from prisoners convicted before the Supreme Court lifted procedural barriers to such challenges.
Kagan noted that the U.S. Court of Appeals for the 5th Circuit, which covers Texas, Louisiana and Mississippi, refuses to hear such last-ditch death sentence appeals in 60% of its cases, compared to just 6% in the 11th Circuit, which covers Florida and other southeastern states. "It does suggest one of these two circuits is doing something wrong," she said.
Buck's lawyer, Christina Swarns of the NAACP Legal Defense and Educational Fund, said his case is a rare exception in part because he faces execution. That elicited agreement from the justices, who deal with dozens of capital cases annually.
"Obviously, death is different," Chief Justice John Roberts said.
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