fair, is it? >> it's not fair. but those artists did studies. when you say he is likely to commit another crime because he is male, nobody objects to that. it's just the same as a comparison. >> reporter: brain dwayne buck has one last chance to fight his death penalty sentence. a texas appeals court will decide any day the summer if he gets another shot in the courtroom. >> the federal government time we hear anything from the court is next wednesday. we don't know if there will be a decision. we want to talk to bruce watkins, he jones us from skype and our senior legal analyst, jeff, let me start with you. is there any doubt considering race like this is a violation of this guy's constitutional rights? >> no doubt. this is textbook. when i started looking into this, i had to look at this several times. you think, he didn't say that. but he really did say that.