Disir
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- Sep 30, 2011
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The 5th Circuit Court of Appeals has granted Texas death-row inmate Duane Buck the right to pursue his claims of ineffective counsel and relief under a rule that covers mistakes and neglect - a move that could spare him from execution.
In February, the U.S. Supreme Court ruled that race improperly tainted Buck's death sentence and remanded the case to the lower court for a new hearing.
In a two-page ruling filed Thursday, the federal appeals court also ordered him released unless the state initiates proceedings for a new trial for punishment within six months or "elects not to seek the death penalty and accedes to a life sentence."
Buck was convicted in Houston 20 years ago for the killings of his ex-girlfriend, Debra Gardner, and her friend, Kenneth Butler. He was sentenced to death after a psychologist testified he would be a continuing threat to society because he is black.
Court grants Duane Buck relief that could remove him from Texas death row
How high was that psychologist?
In February, the U.S. Supreme Court ruled that race improperly tainted Buck's death sentence and remanded the case to the lower court for a new hearing.
In a two-page ruling filed Thursday, the federal appeals court also ordered him released unless the state initiates proceedings for a new trial for punishment within six months or "elects not to seek the death penalty and accedes to a life sentence."
Buck was convicted in Houston 20 years ago for the killings of his ex-girlfriend, Debra Gardner, and her friend, Kenneth Butler. He was sentenced to death after a psychologist testified he would be a continuing threat to society because he is black.
Court grants Duane Buck relief that could remove him from Texas death row
How high was that psychologist?
