The Supreme Court on Monday rejected an appeal from a black inmate sentenced to death with the help of a jury in Texas accused of race -oriented statements in the selection of jurors.
The judges ruled 6-3, dismissing Christopher Love’s appeal, arguing that the Texas Criminal Court of Appeals had improperly dismissed his racial discrimination claim and ultimately denied him his constitutional right to no impartial jurors.
“When racial bias affects jurors in a large lawsuit, the defendant is deprived of the right to a fair trial in the context of life or death and‘ poisoned public confidence ’in the trial,” Judge Sonia Sotomayor wrote. . The opinion of the Court is different. He was joined by judges Stephen Breyer and Elena Kagan.
The 38-year-old lion filed the lawsuit after a jury member told a jury selection that “white” people are more violent statistically than whites. According to his motion.
The love advocacy group requested that this person be removed from the jury hearing, but the court said the defense had already used two additional forced strikes, which occur when a potential jury acquits without reason or explanation. The defense called for an additional forced strike, but the request was not granted, the court said that any mistake in the selection of jurors was harmless.
“This decision is clearly wrong,” Sotomayor replied. “A permanent strike is not a cure for a partisan jury. Thus, the state court removed Lav from any significant consideration in his federal constitutional claim.”
Jurors sentenced Lav to death for attempted murder in 2015 that killed a dentist in Dallas. This prompted the jury to unite to decide that there was ample chance that love would commit a violent crime in the future and that life imprisonment was not enough.
“The task of reviewing the record to determine if a jury is fair and impartial is difficult, but it must be accomplished, especially when human life is difficult.”
– Judge Sonia Sotomayor
Sotomayor said he would overturn the lower court’s decision and ordered the need for lava racial bias for proper consideration.
“The task of reviewing the record to determine if a jury is fair and impartial is difficult, but it must be accomplished, especially when someone’s life is in turmoil,” he said. “I am convinced that the love request will be considered by the Criminal Court of Appeal before leaving these questions unanswered. I politely disagree.”
Love lawyer John Tatum expressed disappointment with the news in court.
“Clearly, I agree with the disagreement that our legal system should clean up racial bias in the selection of jurors and stop the misuse of harmless rules of error to block the enforcement of laws that should be protect the citizen accused of any racial bias in the application. “Criminal justice in this country,” he said in a press release.Tatum did not immediately respond to a request for comment from HuffPost.
Love was convicted in 2018 of the murder of a pediatric dentist, Dr. Kendra Hatcher, on September 2, 2015. In this case, Love was a hired gunslinger who paid Brenda Delgado to kill Hatcher after Hatcher started a new relationship. to Delgado. The court heard from an ex -girlfriend.
Delgado was sentenced to life in prison in early 2019 for his role in the plan. This was followed by his escape to Mexico on bail and the provision in Mexico that he would not be sentenced to death as part of his extradition agreement. Secondary oxygen.
Source: Huffpost
