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Condemned Texas inmate loses Supreme Court appeal
Court Watch | 2014/05/30 20:00
The U.S. Supreme Court has refused to review an appeal from condemned Texas inmate Duane Buck, whose supporters contend his death sentence decided by a Houston jury 17 years ago unfairly was based on race.

"His death sentence is the product of pervasive racial discrimination," attorneys Christina Swarns, Kathryn Kase and Kate Black said in a statement Wednesday.

Without comment, the high court Tuesday rejected Buck's appeal. The ruling was an appeal of a similar rejection in November from the Texas Court of Criminal Appeals, the state's highest criminal court.

Buck, 50, was convicted of capital murder and sent to death row for the slaying of his ex-girlfriend and a man at her Houston apartment in July 1995. During the punishment phase of Buck's 1997 trial, psychologist Walter Quijano testified under cross-examination by a Harris County prosecutor that black people were more likely to commit violence.

Advocates for Buck, who is black, say that unfairly influenced jurors, who in Texas capital cases must decide when deliberating a death sentence whether an offender would be a continuing threat. Quijano, called as a defense witness, had testified earlier that Buck's personality and the nature of his crime, committed during rage, indicated he would be less of a future danger.


SC high court blocks ruling during Harrell appeal
Court Watch | 2014/05/23 19:55
South Carolina's high court has blocked a judge's dismissal of an investigation into one of the state's top lawmakers while prosecutors appeal.

The state Supreme Court said Thursday it would block the ruling by Circuit Judge Casey Manning earlier this month.

The new order allows prosecutors to continue their investigation into corruption allegations against House Speaker Bobby Harrell. Manning had said Attorney General Alan Wilson improperly empaneled a State Grand Jury in the case.

Manning said courts cannot consider such a case against a lawmaker until a legislative ethics panel has reviewed it. Harrell's attorneys agree, but Wilson says the ruling infringes on his role as the state's top prosecutor.

Wilson is appealing that decision. Both sides are to make their case before the Supreme Court on June 24.


Court considers whistleblower free speech rights
Court Watch | 2014/04/29 22:44
When Edward Lane testified about corruption at a community college program he headed in Alabama, he was fired.

The Supreme Court on Monday considered whether the First Amendment protects Lane and millions of other public employees from job retaliation when they offer testimony about government misconduct in court.

The high court has previously ruled that the constitutional right to free speech protects public workers only when they speak out as citizens, not when they act in their official roles.

Most justices appeared to side with Lane's view that court testimony revealing official misconduct should be constitutionally protected even if it covers facts a government employee learned at work.

But the justices struggled over whether that protection should automatically cover all public workers, even police officials or criminal investigators whose job duties require them to testify in court about specific cases.


Oklahoma gay-marriage case before US appeals court
Court Watch | 2014/04/17 20:49
Court arguments over Oklahoma's ban on same-sex marriage will center on whether voters singled out gay people for unfair treatment when they overwhelmingly defined marriage as a union between one man and one woman.

Judges at a federal appeals court in Denver will hear arguments Thursday from lawyers representing a couple challenging Oklahoma's ban and the Tulsa County clerk who refused to grant them a license. The judges heard a similar case from Utah last week.

Oklahoma voters approved the ban in 2004 by a 3-1 margin. The Tulsa couple tried to obtain a marriage license shortly afterward.

A federal judge overturned the ban in January, saying it violated the equal-protection clause of the U.S. Constitution. Lawyers for the state say voters have a right to set their own laws.


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