Supreme Court Blocks Execution Of Texas Death Row Inmate

In a 6-2 decision, the U.S. Supreme Court ordered a new hearing for Duane Buck, an African-American inmate who is facing the death penalty for a double murder.

Buck, who was convicted in the 1995 killing of his ex-girlfriend and a man he claimed slept with her, had for years petitioned courts to hear his claim that his rights were infringed upon when jurors on his trial were told by a witness called by his defense attorney that Buck was, because he was black, more likely than the average person to be dangerous in the future. The murders took place in Houston.

In Texas, jurors must, when deciding punishment, weigh whether the defendant would pose a danger in the future.

“No competent defense attorney would introduce evidence that his client is liable to be a future danger because of his race,” the court said. Chief Justice John Roberts, in the majority opinion, wrote that the jurors in the case were not requested to determine the risk of future danger based on Buck's past acts, which had taken place outside of a penitentiary setting and in the the context of relationships with women.

Roberts continued: "If the jury did not impose a death sentence, Buck would be sentenced to life in prison and no such romantic relationship would be likely to arise. A jury could conclude that those changes would minimize the prospect of future dangerousness.”

Justices Anthony Kennedy, Stephen Breyer, Sonia Sotomayor, Elena Kagan and Ruth Bader Ginsburg joined the majority, while Justices Samuel Alito and Clarence Thomas dissented.

In a statement, The Texas Attorney General's Office said it was "disappointed with the Court’s ruling.”

Buck's case will now return to lower federal courts but eventually end up in Harris County, said one of Buck's attorneys, Kate Black, with Texas Defender Service.

“Given that Mr. Buck has been a model prisoner for over 20 years, it is highly likely that in a hearing free of racial bias, jurors today would sentence him to life in prison,” Black said in a statement.

Image courtesy Texas Department of Criminal Justice