Story perspectives

Supreme Court 5-4 Restores Death Row Man’s Racial Jury Challenge

5/28/2026

Summary

Story summary

Supreme Court voted 5-4, with Justice John Roberts joining liberals, to revive Terry Pitchford’s claim of racially biased jury selection, while four conservative justices, led by Justice Neil Gorsuch, dissented, saying the Court exceeded its authority.
The ruling lets Pitchford again contest his murder conviction and death sentence.
Prosecutor Doug Evans struck four of five Black jurors, leaving one Black juror on a twelve-member panel in a county 40% Black.

History

Historical Context

After the 1935 Norris v. Alabama decision barred systematic exclusion of Black jurors, the Supreme Court’s 5-4 Batson v. Kentucky ruling in 1986 required race-neutral explanations for peremptory strikes. Today, Justice John Roberts and liberal colleagues are reviving Terry Pitchford’s claim after prosecutor Doug Evans removed four of five Black jurors in a county that is 40% Black, testing Batson’s reach.

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Story summary

Supreme Court voted 5-4, with Justice John Roberts joining liberals, to revive Terry Pitchford’s claim of racially biased jury selection, while four conservative justices, led by Justice Neil Gorsuch, dissented, saying the Court exceeded its authority.
The ruling lets Pitchford again contest his murder conviction and death sentence.
Prosecutor Doug Evans struck four of five Black jurors, leaving one Black juror on a twelve-member panel in a county 40% Black.

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