SCOTUS appears likely to rule for inmate whose expert said race could predict violence
The U.S. Supreme Court appears ready to rule on behalf of a death-row inmate whose own expert witness testified he is statistically more likely to be dangerous in the future because he is black.
During oral arguments on Wednesday, the New York Times reports, “the only dispute among the justices was whether they should rule narrowly or broadly in favor of Duane Buck.” The Wall Street Journal, the Washington Post and SCOTUSblog also have stories.
Defendants in Texas cannot be sentenced to death unless jurors conclude they present a future danger. Buck’s expert said he was unlikely to be violent in the future, but said during cross-examination that black males were statistically more likely to be dangerous in the future.
The narrow issue in the case is whether the New Orleans-based 5th U.S. Circuit Court of Appeals should have allowed Buck’s appeal claiming his trial lawyer violated the Sixth Amendment by providing ineffective assistance of counsel. But some justices appeared ready to use the case to chastise the 5th Circuit for its reluctance to grant certificates of appealability, the New York Times reports.
According to Buck’s brief, the 5th Circuit denies the certificates in capital cases about 60 percent of the time, while the Atlanta-based 11th U.S. Circuit Court of Appeals denies the certificates about 6 percent of the time. Justice Elena Kagan referred to those statistics.
Justice Samuel A. Alito Jr. agreed that the expert witness’ statistical testimony was “indefensible,” but he said he was worried about the case leading to a decision on ineffective-assistance claims that could be exploited by inmates with less dramatic cases.
But was convicted of fatally shooting his ex-girlfriend and her friend, and shooting and wounding his own stepsister.
Related articles:
ABA Journal: “SCOTUS considers death penalty case in which expert testified race could predict future violence”
ABAJournal.com: “SCOTUS to consider case of death-row inmate whose case was ‘marred by racial overtones’ “
