# SCOTUS halts execution of Duane Buck in Texas **URL:** \ **Category:** Great Debates\ **Created:** [September 16, 2011, 1:58am UTC](https://boards.straightdope.com/t/scotus-halts-execution-of-duane-buck-in-texas/596462 "2011-09-16T01:58:12Z")\ **Posts on this page:** 12\ **Page:** 2
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [September 16, 2011, 10:31pm UTC](https://boards.straightdope.com/t/scotus-halts-execution-of-duane-buck-in-texas/596462/21 "2011-09-16T22:31:25Z")
I would remind that this is the state in which a criminal defense attorney in a capital case fell asleep in the courtroom, and was adjudged to have offered adequate counsel. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [September 17, 2011, 1:30pm UTC](https://boards.straightdope.com/t/scotus-halts-execution-of-duane-buck-in-texas/596462/22 "2011-09-17T13:30:17Z")
> [@Bricker](#): > > In fact, if I were King, I would consider overturning the sentence for ineffective assistance of counsel. What made the defense think calling the prison doc as a witness was a smart idea? Other than the stupid comment about race, it seems like his testimony was pro-defendant. No? ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [September 17, 2011, 1:51pm UTC](https://boards.straightdope.com/t/scotus-halts-execution-of-duane-buck-in-texas/596462/23 "2011-09-17T13:51:24Z")
> [@Fear\_Itself](#): > > Not really relevant to the issue that is being appealed. His sentencing included prejudicial testimony, calling into question whether he was justly sentenced to death. It is likely his death sentence will be commuted to a lesser sentence as a result. There is a really long article in the Atlantic about this issue. It makes some very good points, and one of the key things it mentions is there are several other defendants in the exact same situation as Duane Buck (same psychologist tainting the proceedings), and in, I believe, all of those cases they were just given a new sentencing hearing and I believe all of them were sentenced to death again. So it is highly unlikely if Duane Buck was given the same treatment as his peers that his sentence would be commuted. The Atlantic writer makes a very good argument that if you’re going to give new sentencing hearings to the other people impacted by this psychologist it is a strange justice system where you wouldn’t do it for Duane Buck, too. Finally, the one point I disagree with the Atlantic article on is the fact that a lot of this is laid at Perry’s feet. I don’t think Rick Perry would be prone to granting pardons and commutations if he had the power, but the fact of the matter is the Texas governor can only act in this manner upon the recommendation of the Texas Board of Pardons & Parole. ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [September 17, 2011, 4:55pm UTC](https://boards.straightdope.com/t/scotus-halts-execution-of-duane-buck-in-texas/596462/24 "2011-09-17T16:55:49Z")
> [@](#): > > …In death penalty cases, the Governor can issue one thirty-day reprieve… > **[The Texas Politics Project](https://texaspolitics.utexas.edu/)** Which he should have done. > [@](#): > > …He added: “They are taking the appropriate path in my opinion and justice will be served at some point in the future.”… [http://www.politico.com/news/stories/0911/63716.html](http://www.politico.com/news/stories/0911/63716.html) He offers no comment on why it was appropriate for the Supremes, but not for him. ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [September 17, 2011, 4:58pm UTC](https://boards.straightdope.com/t/scotus-halts-execution-of-duane-buck-in-texas/596462/25 "2011-09-17T16:58:56Z")
> [@Martin\_Hyde](#): > > Finally, the one point I disagree with the Atlantic article on is the fact that a lot of this is laid at Perry’s feet. I don’t think Rick Perry would be prone to granting pardons and commutations if he had the power, but the fact of the matter is the Texas governor can only act in this manner upon the recommendation of the Texas Board of Pardons & Parole. How much influence does the Governor have over the Board of Pardons and Parole, though? It’s my understanding, and I could be wrong, that even though the Board has sole authority to commute and pardon, they usually act on the Governor’s recommendation. So, had Perry said, “Listen, I think you should commute Duane Buck’s sentence to life in prison”, wouldn’t it be likely that the Board would have done so? ---
**Author:** ![What\_the](https://avatars.discourse-cdn.com/v4/letter/w/f4b2a3/32.png) [@What\_the](https://boards.straightdope.com/u/What_the)\ **Post date:** [September 17, 2011, 7:37pm UTC](https://boards.straightdope.com/t/scotus-halts-execution-of-duane-buck-in-texas/596462/26 "2011-09-17T19:37:04Z")
I’ll actually take a stab at the questions posed … Yes… and it should. I don’t know. ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [September 17, 2011, 7:58pm UTC](https://boards.straightdope.com/t/scotus-halts-execution-of-duane-buck-in-texas/596462/27 "2011-09-17T19:58:01Z")
This could work for Perry. Takes the attention off the probable execution of an innocent man, and takes the attention off the deplorable system. This guy is guilty, and once this technicality is dealt with, as it should be, he will almost certainly be re-sentenced and executed. So, now Perry can piss and moan about how the liberal media is giving him a bunch of shit for executing someone guilty. Why, if they’ll do that over somebody who’s guilty, who knows what crap they’ll make up in order to make poor Gov Goodhair look bad? ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [September 18, 2011, 4:59am UTC](https://boards.straightdope.com/t/scotus-halts-execution-of-duane-buck-in-texas/596462/28 "2011-09-18T04:59:50Z")
> [@elucidator](#): > > I would remind that this is the state in which a criminal defense attorney in a capital case fell asleep in the courtroom, and was adjudged to have offered adequate counsel. Yes, but… …since that decision was upheld by the Supreme Court, it follows that ANY state in which the accused found himself in similar circumstances would also be unable to raise a Sixth Amendment complaint. In other words, it’s not Texas: the implications of _Strickland v. Washington_ are pervasive and disturbing. A convicted litigant that wants to claim his attorney was incompetent faces a huge – an unfairly huge, in my opinion – uphill battle. ---
**Author:** ![Cheshire\_Human](https://avatars.discourse-cdn.com/v4/letter/c/5f8ce5/32.png) [@Cheshire\_Human](https://boards.straightdope.com/u/Cheshire_Human)\ **Post date:** [September 19, 2011, 12:10am UTC](https://boards.straightdope.com/t/scotus-halts-execution-of-duane-buck-in-texas/596462/29 "2011-09-19T00:10:18Z")
> [@Bricker](#): > > Yes, but… > > …since that decision was upheld by the Supreme Court, it follows that ANY state in which the accused found himself in similar circumstances would also be unable to raise a Sixth Amendment complaint. > > In other words, it’s not Texas: the implications of _Strickland v. Washington_ are pervasive and disturbing. A convicted litigant that wants to claim his attorney was incompetent faces a huge – an unfairly huge, in my opinion – uphill battle. Now, now, **Bricker** , let’s not go introducing legal reality, or logical necessity for that matter, into an RO thread. Especially a left-wing RO thread. That wouldn’t be kosher, now would it. They need to bash a righty who’s eminently bashable, but you are depriving them of their excuse to bash the bastard. Although Perry is eminently bashable, they have this strange idea that all us “Righties” agree. Logic [del]can[/del] will be checked at the door. Don’t harsh their buzz, dude. ---
**Author:** ![Kobal2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kobal2/32/20_2.png) [@Kobal2](https://boards.straightdope.com/u/Kobal2)\ **Post date:** [September 19, 2011, 1:29am UTC](https://boards.straightdope.com/t/scotus-halts-execution-of-duane-buck-in-texas/596462/30 "2011-09-19T01:29:41Z")
> [@Bricker](#): > > In fact, if I were King, I would consider overturning the sentence for ineffective assistance of counsel. What made the defense think calling the prison doc as a witness was a smart idea? That’s pretty much what I’ve been wanting to say for a while but didn’t know how to properly put in so many words. Basically, the defendant should have a recourse for his own defense fucking him, this traditionally being the other side’s job. That being said, I’m not sure that’s what happened in this particular case, rather I think the prosecutor was being a rather devious little snake, twisting the doc’s words around. The guy came here to say “Having interviewed him at length I’m confident there’s very little chance of the defendant ever doing anything like this ever again, even factoring statistically relevant points about him” and the prosecutor managed to make the jury hear “I swear there’s a chance the defendant will do it again [if you don’t put him to death]. Statistics say so”. Call me naive, but that’s a bit of a cheap, sleazy trick to pull isn’t it ? Yes, yes, lawyers, I know. But it’s still disturbing to me because I assume the prosecutor himself wasn’t fooled by his own rhetorical trick. He knew and understood what the shrink meant. So why want to make the jury kill the guy in the first place ? ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [September 19, 2011, 1:33am UTC](https://boards.straightdope.com/t/scotus-halts-execution-of-duane-buck-in-texas/596462/31 "2011-09-19T01:33:10Z")
> [@Cheshire\_Human](#): > > …Although Perry is eminently bashable, they have this strange idea that all us “Righties” agree. Logic [del]can[/del] will be checked at the door. Don’t harsh their buzz, dude. Not quite sure what you mean, here. Is Perry a splendid example to be admired, or is he deserving of bashing? Or is it that us nervous nellies of the left have our panties all in a twist about a minor matter, such as a courtroom that permits blatant racism to be admitted as evidence? Did the judge not get the memo? How about the prosecutor, he got his sheepskin in a Cracker Jack box? For the record, I think his behavior in the Willingham case is appalling. By comparison, this is little more than a technical matter, but our outrage is exaggerated for good cause, this shit should have stopped happening a long, long time ago. How might we best impress this fact upon judges and prosecutors who seem a mite slow to come round? Gov. Perry is a good ol’ boy. ---
**Author:** ![Cheshire\_Human](https://avatars.discourse-cdn.com/v4/letter/c/5f8ce5/32.png) [@Cheshire\_Human](https://boards.straightdope.com/u/Cheshire_Human)\ **Post date:** [September 19, 2011, 2:10am UTC](https://boards.straightdope.com/t/scotus-halts-execution-of-duane-buck-in-texas/596462/32 "2011-09-19T02:10:58Z")
> [@elucidator](#): > > Not quite sure what you mean, here. Is Perry a splendid example to be admired, or is he deserving of bashing? With a “Clue by Four”, yes. > [@](#): > > Or is it that us nervous nellies of the left have our panties all in a twist about a minor matter, such as a courtroom that permits blatant racism to be admitted as evidence? Did the judge not get the memo? How about the prosecutor, he got his sheepskin in a Cracker Jack box? Probably. I agree that this is a miscarriage of justice, and the Texas judicial system is notorious for that. The twist in your panties is optional, however. > [@](#): > > For the record, I think his behavior in the Willingham case is appalling. By comparison, this is little more than a technical matter, but our outrage is exaggerated for good cause, this shit should have stopped happening a long, long time ago. How might we best impress this fact upon judges and prosecutors who seem a mite slow to come round? > > Gov. Perry is a good ol’ boy. I generally vote against “good ol’ boys”. Regardless of their political leanings. Can’t trust 'em. Unless you are one of their “boys”. YMMV, of course. [Previous page](https://boards.straightdope.com/t/scotus-halts-execution-of-duane-buck-in-texas/596462.md?page=1)