Isn’t this what they always argued?

“After Buck was convicted of murder, his own attorneys retained a now-discredited psychologist who testified that Mr. Buck is more likely to be a danger to society in the future because he is black. This testimony then went unchallenged at a later, crucial state court proceeding even though Buck was then represented by a new lawyer. The only new claim that lawyer raised at this proceeding was ‘based on a non-existent provision of the penal code.’

Now, nearly two decades after his conviction, no court has considered whether the racist testimony elicited at Buck’s trial caused him to be sentenced to death.”

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