buck
davis
director
texas
department
criminal
justice
correctional
institutions
division
argued
october
decided
february
petitioner
duane
buck
convicted
capital
murder
texas
state
law
jury
permitted
impose
death
sentence
found
unanimously
beyond
reasonable
doubt
buck
likely
commit
acts
violence
future
buck
attorney
called
psychologist
walter
quijano
offer
opinion
issue
quijano
appointed
evaluate
buck
presiding
judge
prepared
report
setting
conclusions
determine
likelihood
buck
act
violently
future
quijano
considered
number
statistical
factors
including
buck
race
although
quijano
ultimately
concluded
buck
unlikely
future
danger
report
also
stated
buck
statistically
likely
act
violently
black
report
read
relevant
part
race
black
increased
probability
app
despite
knowing
contents
report
buck
counsel
called
quijano
stand
testified
race
factor
know
predict
future
dangerousness
quijano
report
admitted
evidence
close
testimony
prosecution
questioned
quijano
conclusions
race
violence
relied
testimony
summation
deliberations
jury
requested
received
expert
reports
admitted
evidence
including
quijano
jury
returned
sentence
death
buck
contends
attorney
introduction
evidence
violated
sixth
amendment
right
effective
assistance
counsel
buck
failed
raise
claim
first
state
postconviction
proceeding
proceeding
pending
received
petition
certiorari
saldano
texas
case
quijano
testified
petitioner
hispanic
heritage
weighed
favor
finding
future
dangerousness
texas
confessed
error
ground
vacated
judgment
soon
afterward
texas
attorney
general
issued
public
statement
identifying
six
similar
cases
quijano
testified
buck
one
five
cases
attorney
general
confessed
error
consented
resentencing
buck
filed
second
state
habeas
petition
alleging
attorney
ineffective
introducing
quijano
testimony
state
confess
error
dismissed
petition
abuse
writ
ground
buck
failed
raise
claim
first
petition
buck
sought
federal
habeas
relief
state
declined
confess
error
buck
ineffective
assistance
claim
held
procedurally
defaulted
unreviewable
coleman
thompson
later
decisions
martinez
ryan
trevino
thaler
modified
rule
coleman
decided
buck
filed
federal
habeas
petition
buck
claim
heard
merits
provided
demonstrated
state
postconviction
counsel
constitutionally
ineffective
failing
raise
claim
claim
merit
following
decision
trevino
buck
sought
reopen
case
federal
rule
civil
procedure
demonstrate
extraordinary
circumstances
required
relief
gonzalez
crosby
buck
cited
change
law
effected
martinez
trevino
well
ten
factors
including
introduction
expert
testimony
linking
buck
race
violence
state
confession
error
similar
cases
district
denied
relief
reasoning
introduction
mention
race
buck
sentencing
de
minimis
concluded
first
buck
failed
demonstrate
extraordinary
circumstances
second
even
circumstances
extraordinary
buck
failed
demonstrate
ineffective
assistance
strickland
washington
buck
sought
certificate
appealability
coa
fifth
circuit
appeal
denial
rule
motion
fifth
circuit
denied
application
concluding
shown
extraordinary
circumstances
justifying
relief
district
judgment
held
fifth
circuit
exceeded
limited
scope
coa
analysis
coa
statute
sets
forth
process
initial
determination
whether
claim
reasonably
debatable
appeal
normal
course
first
stage
question
whether
applicant
shown
jurists
reason
disagree
district
resolution
constitutional
claims
conclude
issues
presented
adequate
deserve
encouragement
proceed
cockrell
fifth
circuit
phrased
determination
proper
terms
reached
conclusion
essentially
deciding
case
merits
repeatedly
faulting
buck
failed
demonstrate
extraordinary
circumstances
question
appeals
whether
buck
shown
case
extraordinary
whether
jurists
reason
debate
issue
state
points
fifth
circuit
thorough
consideration
merits
defend
approach
hurts
rather
helps
case
pp
buck
demonstrated
ineffective
assistance
counsel
strickland
pp
satisfy
strickland
defendant
must
first
show
counsel
performed
deficiently
buck
trial
counsel
knew
quijano
report
reflected
view
buck
race
predisposed
violent
conduct
principal
point
dispute
penalty
phase
buck
future
dangerousness
counsel
nevertheless
called
quijano
stand
specifically
elicited
testimony
connection
race
violence
put
quijano
report
evidence
competent
defense
attorney
introduce
evidence
client
liable
future
danger
race
pp
strickland
requires
defendant
demonstrate
prejudice
reasonable
probability
counsel
unprofessional
errors
result
proceeding
different
reasonably
probable
without
quijano
testimony
race
violence
least
one
juror
harbored
reasonable
doubt
question
buck
future
dangerousness
issue
required
jury
make
predictive
judgment
inevitably
entailing
degree
speculation
buck
race
subject
speculation
according
quijano
immutable
characteristic
carried
increased
probability
future
violence
quijano
testimony
appealed
powerful
racial
stereotype
might
well
valued
jurors
opinion
medical
expert
bearing
imprimatur
reasons
district
conclusion
mention
race
penalty
phase
de
minimis
rejected
state
argument
buck
prejudiced
quijano
testimony
introduced
counsel
rather
prosecution
jurors
understand
prosecutors
seek
convictions
may
reasonably
expected
evaluate
government
evidence
light
motivations
damaging
evidence
introduced
defendant
lawyer
nature
admission
interest
likely
taken
face
value
pp
district
denial
buck
rule
motion
abuse
discretion
pp
relief
rule
available
extraordinary
circumstances
gonzalez
determining
whether
circumstances
present
may
include
consideration
wide
range
factors
including
risk
injustice
parties
risk
undermining
public
confidence
judicial
process
liljeberg
health
services
acquisition
district
denial
buck
motion
rested
largely
determination
race
played
de
minimis
role
sentencing
reasonable
probability
buck
sentenced
death
part
race
disturbing
departure
basic
premise
criminal
law
punishes
people
concerned
race
amplifies
problem
relying
race
impose
criminal
sanction
poisons
public
confidence
judicial
process
davis
ayala
concern
supports
rule
relief
extraordinary
nature
case
confirmed
remarkable
steps
state
took
response
quijano
testimony
cases
although
state
attempts
justify
decision
treat
buck
differently
five
defendants
identified
attorney
general
public
statement
explanations
distinguishing
buck
case
saldano
nothing
attorney
general
stated
reasons
confessing
error
case
pp
unless
martinez
trevino
rather
coleman
govern
buck
case
reopened
claim
remain
unreviewable
rule
relief
inappropriate
state
argues
martinez
trevino
govern
buck
case
announced
new
rule
teague
lane
apply
retroactively
cases
like
buck
collateral
review
argument
however
waived
state
failed
advance
district
fifth
circuit
brief
opposition
buck
petition
certiorari
pp
fed
appx
reversed
remanded
roberts
delivered
opinion
kennedy
ginsburg
breyer
sotomayor
kagan
joined
thomas
filed
dissenting
opinion
alito
joined
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
duane
edward
buck
petitioner
lorie
davis
director
texas
department
criminal
justice
correctional
institutions
division
writ
certiorari
appeals
fifth
circuit
february
chief
justice
roberts
delivered
opinion
texas
jury
convicted
petitioner
duane
buck
capital
murder
state
law
jury
impose
death
sentence
found
buck
likely
commit
acts
violence
future
buck
attorney
called
psychologist
offer
opinion
issue
psychologist
testified
buck
probably
engage
violent
conduct
also
stated
one
factors
pertinent
assessing
person
propensity
violence
race
buck
statistically
likely
act
violently
black
jury
sentenced
buck
death
buck
contends
attorney
introduction
evidence
violated
sixth
amendment
right
effective
assistance
counsel
claim
never
heard
merits
attorney
represented
buck
first
state
postconviction
proceeding
failed
raise
federal
district
relied
failure
properly
law
hold
buck
claim
procedurally
defaulted
unreviewable
buck
sought
reopen
judgment
filing
motion
federal
rule
civil
procedure
argued
decisions
martinez
ryan
trevino
thaler
changed
law
way
provided
excuse
procedural
default
permitting
litigate
claim
merits
addition
change
law
buck
motion
identified
ten
factors
said
constituted
extraordinary
circumstances
required
justify
reopening
judgment
rule
see
gonzalez
crosby
district
denied
motion
fifth
circuit
declined
issue
certificate
appealability
coa
requested
buck
appeal
decision
granted
certiorari
reverse
morning
july
duane
buck
arrived
home
former
girlfriend
debra
gardner
carrying
rifle
shotgun
buck
entered
home
shot
phyllis
taylor
stepsister
shot
gardner
friend
kenneth
butler
gardner
fled
house
buck
followed
gardner
young
children
gardner
son
daughter
begged
mother
life
buck
shot
gardner
chest
gardner
butler
died
wounds
taylor
survived
police
officers
arrived
soon
shooting
placed
buck
arrest
officer
later
testify
buck
laughing
scene
remained
happy
upbeat
driven
police
station
miling
laughing
back
patrol
car
app
buck
tried
capital
murder
jury
convicted
penalty
phase
trial
jury
charged
deciding
two
issues
first
parties
term
future
dangerousness
question
time
buck
trial
texas
jury
impose
death
penalty
found
unanimously
beyond
reasonable
doubt
probability
defendant
commit
criminal
acts
violence
constitute
continuing
threat
society
tex
code
crim
proc
art
vernon
second
issue
reached
jury
found
buck
likely
future
danger
whether
mitigating
circumstances
nevertheless
warranted
sentence
life
imprisonment
instead
death
see
parties
focused
principally
first
question
state
called
witnesses
emphasized
brutality
buck
crime
evident
lack
remorse
aftermath
state
also
called
another
former
girlfriend
vivian
jackson
testified
relationship
buck
routinely
hit
twice
pointed
gun
finally
state
introduced
evidence
buck
criminal
history
including
convictions
delivery
cocaine
unlawfully
carrying
weapon
app
defense
counsel
answered
series
lay
witnesses
including
buck
father
stepmother
testified
never
known
violent
counsel
also
called
two
psychologists
testify
experts
first
patrick
lawrence
observed
buck
previously
served
time
prison
held
minimum
custody
concluded
buck
present
problems
prison
setting
record
sd
tex
doc
pp
lawrence
testified
murders
within
texas
penal
system
tend
gang
related
evidence
buck
ever
member
gang
buck
offense
crime
passion
occurring
within
context
romantic
relationship
based
considerations
lawrence
determined
buck
unlikely
danger
sentenced
life
prison
buck
second
expert
walter
quijano
appointed
presiding
judge
conduct
psychological
evaluation
quijano
met
buck
prison
prior
trial
shared
report
findings
defense
counsel
like
lawrence
quijano
thought
significant
buck
prior
acts
violence
arisen
romantic
relationships
women
buck
course
form
relationships
incarcerated
quijano
likewise
considered
buck
behavioral
record
prison
good
indicator
future
violence
unlikely
app
report
determining
whether
buck
likely
pose
danger
future
quijano
considered
seven
statistical
factors
fourth
factor
race
report
read
relevant
part
race
black
increased
probability
blacks
among
violent
offenders
despite
knowing
quijano
view
buck
race
competent
evidence
increased
probability
future
violence
defense
counsel
called
quijano
stand
asked
discuss
statistical
factors
looked
regard
case
quijano
responded
certain
factors
know
predict
future
dangerousness
consistent
report
identified
race
one
sad
commentary
testified
minorities
hispanics
black
people
represented
criminal
justice
system
ibid
questioning
counsel
elicited
testimony
concerning
factors
quijano
thought
favorable
buck
well
ultimate
opinion
buck
unlikely
pose
danger
future
close
quijano
testimony
report
admitted
evidence
opening
series
general
questions
prosecutor
likewise
turned
report
asked
first
statistical
factors
past
crimes
age
questioned
quijano
roles
sex
race
determined
sex
factor
male
violent
female
way
race
factor
black
increases
future
dangerousness
various
complicated
reasons
correct
quijano
replied
yes
ibid
closing
arguments
defense
counsel
emphasized
buck
proved
controllable
prison
population
crime
one
jealousy
passion
emotion
unlikely
repeated
jail
state
stressed
crime
brutal
nature
buck
lack
remorse
along
inability
buck
experts
guarantee
act
violently
future
point
supported
reference
quijano
testimony
see
heard
quijano
told
probability
exist
buck
continuing
threat
jury
deliberated
course
two
days
time
sent
four
notes
one
requested
psychology
reports
admitted
evidence
reports
including
quijano
provided
jury
returned
sentence
death
buck
conviction
sentence
affirmed
direct
appeal
buck
state
tex
crim
apr
case
entered
labyrinth
state
federal
collateral
review
wandered
better
part
two
decades
buck
filed
first
petition
writ
habeas
corpus
texas
state
four
claims
advanced
petition
however
frivolous
noncognizable
see
ex
parte
buck
dist
harris
july
pp
petition
failed
mention
defense
counsel
introduction
expert
testimony
buck
race
increased
propensity
violence
quijano
testified
cases
buck
first
habeas
petition
pending
one
cases
reached
petitioner
victor
hugo
saldano
argued
death
sentence
tainted
quijano
testimony
saldano
hispanic
heritage
factor
weighing
favor
future
dangerousness
app
texas
confessed
error
ground
asked
grant
saldano
petition
certiorari
vacate
state
judgment
remand
case
june
saldano
texas
within
days
texas
attorney
general
john
cornyn
issued
public
statement
concerning
cases
quijano
testified
statement
affirmed
inappropriate
allow
race
considered
factor
criminal
justice
system
app
keeping
principle
attorney
general
explained
office
conducted
thorough
audit
identified
eight
cases
testimony
offered
quijano
race
factor
jury
consider
making
determination
sentence
capital
murder
trial
ibid
six
cases
similar
victor
hugo
saldano
cases
letters
sent
counsel
apprising
attorney
general
findings
statement
closed
identifying
defendants
six
cases
buck
one
close
attorney
general
confessed
error
waived
available
procedural
defenses
consented
resentencing
cases
five
six
defendants
see
alba
johnson
table
memorandum
order
blue
johnson
sd
tex
pp
order
garcia
johnson
ed
tex
order
broxton
johnson
sd
tex
pp
final
judgment
gonzales
cockrell
wd
tex
however
buck
buck
attorney
filed
new
state
habeas
petition
alleging
trial
counsel
rendered
ineffective
assistance
introducing
quijano
testimony
state
represented
attorney
general
proceeding
texas
attorney
general
represents
state
respondents
federal
habeas
cases
state
habeas
cases
confess
error
buck
petition
successive
texas
criminal
appeals
dismissed
abuse
writ
ex
parte
buck
nos
tex
crim
per
curiam
buck
turned
federal
courts
filed
petition
habeas
corpus
october
time
attorney
general
cornyn
left
office
see
buck
dretke
wl
sd
july
buck
sought
relief
ground
trial
counsel
introduction
quijano
testimony
constitutionally
ineffective
state
responded
state
dismissed
buck
ineffective
assistance
claim
buck
failed
press
first
petition
raising
first
time
procedurally
improper
second
petition
state
argued
reliance
established
state
rule
procedure
adequate
independent
state
ground
precluding
federal
review
texas
acknowledged
waived
similar
procedural
defenses
saldano
case
argued
buck
case
different
saldano
case
quijano
testified
state
buck
buck
called
quijano
testify
answer
motion
summary
judgment
sd
tex
buck
countered
notwithstanding
procedural
default
district
reach
merits
claim
failure
result
miscarriage
justice
buck
argue
default
excused
showing
cause
prejudice
cause
default
prejudice
denial
federal
right
good
reason
time
buck
filed
petition
decision
coleman
thompson
made
clear
attorney
failure
raise
ineffective
assistance
claim
state
postconviction
review
constitute
cause
district
rejected
buck
miscarriage
justice
argument
held
procedural
default
ineffective
assistance
claim
unreviewable
buck
dretke
wl
buck
unsuccessfully
sought
review
district
ruling
see
buck
thaler
fed
appx
per
curiam
denying
application
coa
cert
denied
buck
sought
reopen
case
arguing
prosecution
violated
equal
protection
due
process
clauses
asking
quijano
relationship
race
future
violence
referring
testimony
summation
buck
also
argued
state
decision
treat
differently
defendants
affected
quijano
testimony
justified
relieving
district
adverse
judgment
fifth
circuit
disagreed
see
buck
thaler
fed
appx
per
curiam
denied
certiorari
buck
thaler
buck
still
barred
coleman
avoiding
consequences
procedural
default
pursue
ineffective
assistance
claim
modif
ied
unqualified
statement
coleman
attorney
ignorance
inadvertence
postconviction
proceeding
qualify
cause
excuse
procedural
default
martinez
held
state
formally
limits
adjudication
claims
ineffective
assistance
trial
counsel
collateral
review
prisoner
may
establish
cause
procedural
default
state
courts
appoint
counsel
collateral
proceeding
appointed
counsel
proceeding
ineffective
standards
strickland
washington
underlying
claim
substantial
one
say
claim
merit
terms
martinez
bear
buck
ineffective
assistance
claim
time
buck
conviction
appeal
texas
formally
require
criminal
defendants
reserve
claims
collateral
review
vino
however
concluded
exception
announced
martinez
extended
state
systems
practical
matter
deny
criminal
defendants
meaningful
opportunity
press
ineffective
assistance
claims
direct
appeal
slip
concluded
system
texas
petitioner
convicted
system
ibid
upshot
martinez
trevino
decided
buck
filed
petition
federal
reviewed
buck
ineffective
assistance
claim
demonstrated
state
postconviction
counsel
constitutionally
ineffective
failing
raise
claim
merit
martinez
trevino
decided
buck
third
state
habeas
petition
pending
texas
petition
denied
november
ex
parte
buck
tex
crim
app
per
curiam
two
months
later
buck
returned
federal
filed
motion
reopen
case
federal
rule
civil
procedure
rule
enumerates
specific
circumstances
party
may
relieved
effect
judgment
mistake
newly
discovered
evidence
fraud
like
rule
concludes
catchall
category
subdivision
providing
may
lift
judgment
reason
justifies
relief
relief
available
subdivision
however
extraordinary
circumstances
explained
uch
circumstances
rarely
occur
habeas
context
gonzalez
motion
buck
identified
factors
view
justified
reopening
judgment
included
attorney
introduction
expert
testimony
linking
buck
race
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