Steven Smith is a convicted murderer, sentenced to death and awaiting his execution in Texas. He is an African American, and his victim was a White. His first appeal simply argues that he is being detained illegally and he wishes for the court to either release him or review his case to determine the legality of his confinement. He feels that he has been convicted and sentenced to death unfairly because he had inadequate legal counsel. This appeal is subsequently denied, and he begins work on another appeal. His second appeal is based on the U.S. Supreme Court decision in McCleskey v. Kemp but is unsuccessful in getting his conviction overturned. When his appeal is denied, he begins to work on another appeal, this time arguing that the method by which he is to be executed, lethal

Question

injection, is unconstitutional. Ultimately, this appeal is also denied. Finally, Steven exhausts all of his appeals and is scheduled to be executed. If Steven is appealing his death sentence based on the decision in McCleskey v. Kemp, what argument is he most likely making?

A. He is being discriminated against because of his age.
B. He is being discriminated against because of his gender.
C. His conviction is improper because he did not have adequate legal counsel during his trial.
D. He is discriminated against because of his race.

Answer 1

Answer: D