Duane Buck is a convicted murderer.  The jury did not doubt that he killed his ex-girlfriend and another man; crimes for which they convicted him and subsequently sentenced him to death for committing.  The legal question that went all the way on appeal to the U.S. Supreme Court was not whether or not Buck deserves to be executed for the crimes he committed, but does he deserve to be executed because he is black?

Texas has an unusual provision in its sentencing laws:  jurors are required to consider whether a convicted murderer would post a future danger if only sentenced to life imprison; and if so, then they must consider the death penalty.

Jurors were told by a psychologist, and reminded by the prosecutor, that Buck, who had no previous history of violence, posed a future danger to society because he is black, that, “blacks posed more of a danger than whites,”  and the jury sentenced him to death based on the “race card.”

Texas Governor Rick Perry refused to stay the execution so an emergency appeal went to the U.S. Supreme Court.  Perry, under his 11 years in office has carried out 235 executions, defended his position:  “the state of Texas has a very thoughtful, very clear process in place.”

The U.S. Supreme Court felt differently, and ruled that a person cannot be executed based on their race.  The ruling has stopped Texas officials from executing Buck, because racist information was cited in his sentencing;  the death penalty was necessary to protect against future danger because he is black.

Since 2000, six black inmates on death row (including Buck)  have appealed similar sentencing decisions and all but Buck were given new hearings.  Former Texas Attorney General, John Cornyn, told the U.S. Supreme Court that Texas prosecutors had violated the civil rights of the six black inmates, by relying on race-based arguments to secure the death penalty in all six cases.  All five who have now had new hearings have been resentenced to death.

The reprieve granted by the U.S. Supreme Court came only two hours into a six hour window when Buck could have been executed, but the reprieve comes only to allow Buck time for a new hearing.   The Supreme Court’s decision will not stand in the way of Texas executing Buck should he, like the other five inmates who appealed, simply be resentenced to death at his new hearing.