Supreme Court of the United States

Duane Edward Buck, Petitioner v. Rick Thaler

November 7, 2011181 L. Ed. 2d 411

Summary

The Court denied the petition for a writ of certiorari reviewing the Fifth Circuit's denial of a certificate of appealability in Buck's death‑penalty case. The majority concluded that the record was compromised by misleading statements from the State and that the petitioner had satisfied the Miller‑El standard for a COA, but that the Court's discretionary authority allowed denial. Justice Sotomayor, joined by Justice Kagan, dissented, arguing that the racial overtones and procedural deficiencies warranted review.