Buck v. Davis

Buck was convicted of murder; under Texas law, the jury could impose a death sentence only if it found unanimously, beyond a reasonable doubt, that Buck was likely to commit future acts of violence. Buck’s attorney called a psychologist, Dr. Quijano, who had been appointed to evaluate Buck. While concluding that Buck was unlikely to be a future danger, Quijano stated, in his report and testimony, that Buck was statistically more likely to act violently because he is black. The jury returned a sentence of death. In his first post-conviction proceeding, Buck did not argue ineffective assistance of counsel. In the meantime, the Supreme Court vacated the judgment in a case in which Quijano had testified that Hispanic heritage weighed in favor of a finding of future dangerousness. The Texas Attorney General then identified six cases in which Quijano had testified and, in five cases, consented to resentencing. Buck’s second state habeas petition, alleging ineffective assistance, was dismissed for failure to raise the claim in his first petition. Buck sought federal habeas relief (28 U.S.C. 2254). His claim was held procedurally defaulted. The Supreme Court subsequently issued holdings (Martinez and Trevino) under which Buck’s claim could have been heard, had he demonstrated that state post-conviction counsel was constitutionally ineffective in failing to raise a claim that had some merit. The Fifth Circuit affirmed rejection of Buck’s motion to reopen, finding that Buck had not established extraordinary circumstances or ineffective assistance. The Supreme Court reversed. The question was not whether Buck had shown that his case is extraordinary; it was whether jurists of reason could debate that issue. No competent defense attorney would introduce evidence that his client is liable to be a future danger because of his race. There is a reasonable probability that Buck was sentenced to death in part because of his race, a concern that supports Rule 60(b)(6) relief. The Court rejected, as waived, the state’s argument that Martinez and Trevino did not apply. View "Buck v. Davis" on Justia Law