Supreme Court justices decided 6-2, Feb. 22, to reversed a Fifth Circuit of the United States Court of Appeals ruling that denied a course of action for Duane Buck’s appeal, which was based of a claim of ineffective assistance of counsel. Buck based his claim on fact that his defense attorney solicited testimony from a psychologist who concluded Buck’s race made him more likely to commit a violent act.
The case will once again be placed in the hands of a Texas prosecutor who must decide if the state will seek the death penalty without the use of racist inflammatory testimony.
Buck was convicted in 1997 of killing his ex-girl friend Debra Gardner and her friend, Kenneth Butler. He also shot his sister in the chest, but she survived.