Dwayne Buck News Today

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Issued by the obama administration. that order overturning guidelines and letting transgender students using bathrooms matching their chosen gender identity. supreme court ordering a new hearing for a texas prison inmate who says that improper testimony about his race tainted his death sentence. dwayne buck was convicted of killing his girlfriend back in 1995. he claims his rights were violated when jurors were told by a defense expert witness that he was more likely to be dangerous in the fut...

>> the idea that he would be walked to the execution chamber without this simple hearing boggles the mind. it just doesnt make good sense. >> reporter: walter quijano became a lightning rod figure six years ago when the death sentences were overturned because of his controversial testimony that race is one of the 20 factors that can determine if someone is likely to be a future danger to society. all of them were given new sentencing hearings. all were sent back to death row. dwayne buck was den...

>> reporter: dwayne buck has one last chance to fight his death penalty sentence. a texas appeals court will decide any day the summer if he gets another shot in the courtroom. >> the next time we are going to hear anything from the court of appeals is next wednesday. we dont know if there will be a decision in the case. we want to talk to bruce watkins, he jones us from skype and our senior legal analyst, jeff, let me start with you. is there any doubt considering race like this is a violation ...

Of murder. in 1995, he shot and killed two people, including his former girlfriend and wounded his step sister in this houston house. the controversy started after a jury convicted him. thats because during the sentencing phase, former texas prison psychologist walter kehano was asked this question by a prosecutor. quote, you have determined that the race factor, black, increases the future dangerousness for various complicated reason, is that correct? he responded, "yes." and later asking the j...

Would be violent, he was a risk for future danger just because he was african-american. even senator corning, when he was attorney general identified nine cases and bucks was one of them, that all of them except buck case were set aside and got resentencing. dwayne buck should get a new hearing. >> kenji, i want to come to you on another thing. 50 years since gideon. thats an unfulfilled promise. i mow in the land of constitutional law, that makes perfect sense. remind us what gideon is and why ...

Dwayne buck who was arguing that his sentencing hearing was flawed because it was racially -- there was racially tainted testimony. his execution date was set -- his lawyers made a last minute appeal to the supreme court. and the supreme courts order granting a stay of execution came two hours of the time scheduled for dwayne bucks execution. so the state of texas waited as the state of georgia is going now. >> pete williams, as ever, thank you for your expertise on this. well be back to you im ...