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Old 02-22-2017, 06:28 PM
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Default Supreme Court rules in favor of death row inmate

Supreme Court rules in favor of death row inmate

"Washington (CNN)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."

http://www.cnn.com/2017/02/22/politi...ing/index.html
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Old 02-22-2017, 06:46 PM
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Prosecutor: "You have determined that... the race factor, black, increases the future dangerousness for various complicated reasons, is that correct?"
Wow... only in Texas, I guess.
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Old 02-23-2017, 12:34 PM
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I'm heartened that SCOTUS finally said that TX needs to pay attention to ineffective assistance of counsel. My understanding is that a few attorneys at Holland & Knight and some with the Defender's program in TX handled the case - it took about 6 attorneys and the slush funds of Holland & Knight (huge, nationwide firm) to effectuate this result.

Very happy for Mr. Buck.
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Old 02-26-2017, 01:40 PM
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I doubt he has a chance of ever being housed on the same unit as his kid (who has also become a repeat felony offender and is currently serving an aggravated sentence).

This sentencing was tainted by the Quijano testimony that was repeated too frequently in the era, but the criminal history and facts of THIS offense all but guarantee a re-imposition of the death penalty provided that Kim decides to pursue it again at the re-sentencing. His comments in the back of the cruiser following arrest are particularly concerning and satisfied the requirement that he is a threat to commit future acts of dangerousness...
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Old 02-26-2017, 02:29 PM
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Originally Posted by CenTexLyn View Post
I doubt he has a chance of ever being housed on the same unit as his kid (who has also become a repeat felony offender and is currently serving an aggravated sentence).

This sentencing was tainted by the Quijano testimony that was repeated too frequently in the era, but the criminal history and facts of THIS offense all but guarantee a re-imposition of the death penalty provided that Kim decides to pursue it again at the re-sentencing. His comments in the back of the cruiser following arrest are particularly concerning and satisfied the requirement that he is a threat to commit future acts of dangerousness...
but, what about his institutional record? has he been a danger since incarceration, even at the prison level?

Sad to hear about the son - just another statistic showing the increased chance that a child, specifically a son, will face incarceration.
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