Supreme Court Rules for Black Death Row Inmate From Mississippi Over Racial Bias in Makeup of Jury

The Supreme Court on Thursday ruled for a Black death row inmate from Mississippi who claims there was racial bias in the makeup of the jury that convicted him.

By a 5-4 vote, the justices sided with Terry Pitchford, who was sentenced to death for his role in the killing of a grocery store owner.

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There were 11 white jurors and one Black juror in a trial with similarities to that of another Black man on Mississippi’s death row, whose conviction the high court overturned seven years ago.

It’s unclear what happens next in Pitchford’s case. Justice Neil Gorsuch, who dissented, suggested the state still could argue Pitchford’s conviction should be sustained. If his conviction is overturned, the state could seek to retry him.

“Mr. Pitchford is now entitled to a fair trial in the state court,” Joseph Perkovich, who argued the case for Pitchford at the Supreme Court, wrote in an email.

Doug Evans, a now-retired prosecutor with a history of dismissing Black jurors for discriminatory reasons, had excused four other Black people at Pitchford’s trial. Black people make up more than 37% of Mississippi’s population.

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Pitchford’s case focused on whether his lawyers did enough to object to Judge Joseph Loper’s rulings and whether the state Supreme Court acted reasonably in ruling they had not.

Pitchford’s lawyers made the necessary arguments and the state high court acted unreasonably, Kavanaugh wrote.

In dissent, Gorsuch wrote that Pitchford had to show that no fair-minded judge could rule as the Mississippi court did and that the record in the case was crystal-clear in his favor.

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