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Introduction of Race into Death Penalty Case Causes Reversal
Defending a capital murder case is both difficult and stressful. Attorney/client communications, pretrial investigation and preparation, and presenting a plausible defense to the jury demand effective representation. The Constitution guarantees all criminal defendants the right to counsel and due process of law. The U.S. Supreme Court in Washington v. Strickland unequivocally held that inherent in the constitutional guarantee of counsel is a right to effective assistance by counsel.
Psych Report Stated Duane Buck More Likely to be Violent Because He is Black
A February 22, 2017 decision by the Supreme Court held that the State of Texas cannot execute Duane Buck, convicted of capital murder in 1997, because his trial attorneys provided ineffective representation that contributed to a jury finding that he should be sentenced to death.
The Buck case has a tortuous, protracted legal history that has indicted the fairness of the Texas death penalty scheme because of actions by current governor and then attorney general Greg Abbott.
That Buck killed his girlfriend and her companion in 1995 in Harris County has never been in serious dispute. The murders occurred in July of that year. The police arrested Buck at the scene. According to the arresting officers, Buck was laughing and remained “upbeat” and “happy” throughout the arrest process.
The case was a defense attorney’s worse nightmare. Buck had two attorneys. It can be assumed that they made a joint decision that there was no defense of innocence; that their defense efforts would be confined to trying to save Buck from a death penalty.
Factors for Death
At the time of Buck’s trial, Texas law, Code of Criminal Procedure Art. 37.071,§ 2(b)(1), required that the jury determine two issues before it could recommend a sentence: first, the issue of “future dangerousness” which required the jury to unanimously find that there was a “probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society;” and, second, the issue of whether mitigating circumstances warranted the imposition of a life sentence rather than the death penalty.
Psychologist Reports Blacks and Hispanics Pose Greater Risk of Violence
Buck’s attorneys launched a defense strategy through both lay and expert witnesses that Buck would not pose a future danger in the prison setting if he received a life sentence. One of their experts was a court-appointed psychologist named Dr. Walter Quijano who had a history of testifying for the prosecution in death penalty cases and frequently offered race-based opinions that blacks and Hispanics pose a greater risk of “future dangerousness” because of their race.
And that is precisely the testimony Dr. Quijano gave in Buck’s case while under cross-examination by the prosecutor leading the jury to conclude that Buck was more likely to commit future acts of violence in the prison setting because he is black and, therefore, not eligible for a life sentence.
Decision to Call Expert was Flawed
That tactical decision by Buck’s attorneys to call Dr. Quijano was flawed from the outset given the psychologist’s known history of linking race to future dangerousness.
In 2000, the U.S. Supreme Court accepted another Texas death penalty case for review that involved Dr. Quijano race-based testimony. U.S. Senator John Cornyn was Texas’s attorney general at the time. He “confessed error” to the Court resulting in the reversal of that prisoner’s death sentence. Cornyn then undertook an intensive review of the testimony Quijano had provided in some 100 death penalty cases. He identified six cases in which the psychologist unconstitutionally infused race into jury deliberations. In three of those cases, Quijano was called as a witness by defense attorneys and the other three cases involved testimony he gave as a prosecution witness.
Buck’s case was one of those six cases.
Attorney General Greg Abbot Seeks Death
Texas lived up to its promise in five of the cases by giving the condemned inmates new punishment hearings. In Buck’s case, however, newly-elected Attorney General Greg Abbott, now the state’s governor, reneged on the state’s promise. Ostensibly, the reason was that Buck’s attorneys had not properly preserved the Quijano issue for collateral review—what is known in the judiciary as having “procedurally defaulted” on the issue.,
This unfair decision by then Attorney General Abbott spawned another round of legal battles by Buck. His constitutional arguments gained traction in 2013 when the Supreme Court handed down a pair of decisions—Martinez and Trevino—that make it easier for a state prisoner in a federal habeas proceeding to overcome a procedurally defaulted constitutional claim.
The import of these two decisions, however, did not impress a local federal district court here in Harris County which, again, refused to hear Buck’s Quijano claim, saying that minimal harm was done by the psychologist’s testimony because he only mentioned race twice at Buck’s trial.
Besides, the court added, it is an “indisputable fact that African Americans and Latinos are overrepresented in the criminal justice system,” an obvious implication that they are somehow more dangerous than other criminal defendants. The court also concluded that there was other evidence independent of Quijano’s testimony that Buck is too “dangerous” to live, even in the prison setting.
District Court Denied Certificate of Appealability
The local federal court then effectively slammed the judicial door in Buck’s face by denying him what is called a “certificate of appealability”—a finding that the claims he raised were not constitutionally or legally significant enough to merit an appeal to the Fifth Circuit.
The Fifth Circuit agreed with the district court.
“Buck has not made even a minimal showing that his case is exceptional,” the appeals court concluded in August 2015. The court obliquely skirted Abbott’s reneging on the State’s promise of a new punishment hearing in a footnote observation: “Because it does not change the outcome of this appeal, we need not explore whether such a promise was made or how explicit it was.”
U.S. Supreme Court Agreed to Hear Case
And it was that summary dismissal of the Buck case by the Fifth Circuit that led the Supreme Court on October 5, 2016 to hear the case.
What makes the Buck case “extraordinary” is that one of the attorneys representing him, and who was responsible for calling Quijano as a witness, has a failed reputation in death penalty cases. Attorneys currently representing Buck told the Supreme Court that the attorney has a “history of providing inadequate representation to capitally charged clients”—a history documented in a May 2010 article in the New York Times. The newspaper, in fact, said that twenty of his clients had received the death penalty.
Thus, the real issue before the Supreme Court was whether Duane Buck should die because his attorneys allowed race-based testimony to go before the jury that he is “too dangerous to live” in the prison setting because he is a black man.
SCOTUS Orders New Sentencing Hearing
Fortunately, the Supreme Court did what Gov. Abbott did not do: the court ordered a new punishment hearing without the infection of race-based testimony.
Take the first step toward protecting your freedom by contacting us now
Testimonials
John T. Floyd Law Firm
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I’ve never been one to write reviews but this time I couldn’t pass up the opportunity to say something. I had some serious legal questions I needed answers to concerning Texas laws. … More Being I’m from another state, I found and reached out to Attorney John Floyd for the answers. Mr Floyd listened to to my requests and told me what he need from me and went out of his way to get me the answers. Very polite, straightforward and professional, I can’t thank him enough for all he’s done. Whatever your legal case may be, I wouldn’t hesitate to recommend Mr Floyd.
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Highly recommend John T Floyd law firm, great response time and demeanor.I was researching an on-going criminal case, when I found an informative article written by John Floyd (about … More the perils of expert testimony). I called his office, and was very pleased to receive a timely call back. Not only was Mr. Floyd candid and helpful, but he had the kindest demeanor of any attorney that I've dealt with. I am so glad to have found this firm.
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Mr John is a great human being and a very knowledgeable attorney. He has always called me back promptly,advised me very clearly and never rushed our conversation. i was wrongfully accused … More and Mr John had my case DISMISSED!! on the day of trial after fighting for me for two years. I am very thankful to the John T. Floyd Law Firm. You will not go wrong with John. Mr John you deserve way more then 5 stars.Thank youShaikh.
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John Floyd Law Firm is highly recommended for your legal needs. He and his staff are highly professional in every aspect. Easy and comfortable feeling talking with him, and he understands … More your needs and explains your legal advice in a way you can understand. Enough just cant be said. Thank You Sir.Positive
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What I liked the most was that he actually returned my phone after leaving a message unlike pretty much everyone else I called prior. He listened and answered my question with the best … More advice that would benefit me the most. I was actually lost from moving to Texas from a different state we’re laws vary and he pointed me toward the right direction to get a understanding of if I need to do business with him now or after I contact a lawyer in my home state.
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John T Floyd handled my sons case & got a dismissal for us! He is great to work with, gets back to you promptly & knows what he’s doing. Definitely one of the best we have had … More to deal with!Positive
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John is honestly the best! The whole team is. He answered me in a timely manner and helped me when my friend was going through a situation in Houston, Texas as an inmate. He was so … More thorough, honest, and without charging me sent me so much information because I was out of the loop. He never once tried to take you for your money, he did all that he could to. help me and I can't thank him enough.
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I have used John on two occasions and found him to have full knowledge of Texas law, diligent, creative in plan, and aggressive in defense. He is the best criminal defense attorney … More in the State of Texas. No reason to look elsewhere.
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Attorney Floyd replied very timely to my inquiry and he provided practical advice. I will not hesitate to contact him in the future if I need additional legal counsel.
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Very knowledgeable and professional. I called and left a message Friday morning and before end of business that day I received a call back.Positive
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Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
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One of the best services Ive used in awhile. Thank you for all the help and answers. You got my life back. Thank youPositive
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Im impressed. This guy was polite and professional and most important...he listened.
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It was a pleasure speaking with John. He is knowledgeable and has a true desire to help the people of society. I turned to him for some guidance of a long-standing issue. He never … More rushed our conversation and went out of his way to look into the details to provide the right answer as well as assist me anyway he could. Thank you for our conversations and I wish your and your firm the best. If you need a lawyer, John Floyd is your guy!
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One of the few honest lawyers I have ever talked to. His complimentary consultation was knowledgeable and thorough. He knew exactly what the issue was and how to handle it. His candid … More appraisal of the situation and how to proceed saved me thousands of dollars in legal fees. If you have a case requiring expertise in John's area of practice, look no further. Hire this man!
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He took time out of his day to answer my legal questions and didn’t even charge me. I would definitely recommend him to you.
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Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
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He was honest , knowledgeable , and professional about what we talked about. Most lawyers are just about the money , but not john.Positive
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I contacted John T. Floyd Law firm and I was very satisfied with service extremely helpful and friendly thank you Mr. FloydPositive
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I would highly recommend Mr Floyd. He was very helpful and knowledge with a legal question I had.Positive
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He explained my case better then any other lawyerPositive
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Very informative
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Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
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I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
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I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
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It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
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Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
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I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
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John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
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What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
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Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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Great service, very knowledgable and happy to help with any questions I had
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Quick to action and helpful and knowledgeable with entertainment industry based issues!
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Responded on a holiday week. Very knowledgeable and reassuring.
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Very professional
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I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
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The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
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From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
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I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
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These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
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John and Chris are true professionals! Love those guys like family!
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Mr. Floyd and his team are very knowledgeable, informative, and helpful.
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A team you can depend on to stand up and fight for you to prove the truth the whole truth!
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Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
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The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
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I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
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I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
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Extremely helpful!!! Helping me understand the law.
John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization
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