Full Breakdown
Supreme Court Revives Racial-Bias Claim for Mississippi Death-Row Inmate
5/28/2026, 10:35:27 PM
Supreme Court Ruling Restores Pitchford’s Challenge
In a 5-4 decision, the U.S. Supreme Court held that Terry Pitchford, a Black man on Mississippi’s death row, may again contest his 2006 capital-murder conviction. The majority found that the trial judge failed to give Pitchford’s counsel a meaningful chance to dispute the prosecutor’s race-neutral explanations for striking Black jurors. The case is sent back to lower courts for further review.
Legal Background & Key Players
The case rests on *Batson v. Kentucky* (1986), which forbids racial jury exclusion. Prosecutor Doug Evans dismissed four of five eligible Black jurors, a practice previously condemned in the 2019 *Flowers v. Mississippi* decision. Judge Joseph Loper accepted the strikes. Justice Brett Kavanaugh wrote the majority; Justice Neil Gorsuch dissented; Chief Justice John Roberts joined the liberal side.
Timeline of Litigation
- 2004: Pitchford and accomplice rob Crossroads Grocery; owner Reuben Britt killed.
- 2006: Jury convicts Pitchford; death sentence.
- 2019: *Flowers v. Mississippi* overturns Curtis Flowers’s conviction, citing Evans’s bias.
- 2023: Judge Michael P. Mills vacates conviction for Batson error.
- 2025: 5th Circuit reinstates conviction.
- May 28 2026: Supreme Court issues 5-4 ruling restoring claim.
Jury Composition and Batson Data
The 12-person jury had 11 white jurors and one Black juror, despite the county being about 40 % Black. Prosecutor Evans struck four of the five eligible Black jurors, leaving only the single Black juror. Evans’s pattern of excluding Black jurors also appeared in the six-trial Flowers case.
Court Reasoning and Dissent
Justice Kavanaugh emphasized that a defense lawyer must be given a genuine chance to challenge the prosecutor’s stated race-neutral reasons, underscoring procedural fairness. Justice Gorsuch, dissenting, warned the Court exceeded its authority under statutes limiting relief for state prisoners, noting any error would have limited impact.
Conflicting Lower-Court Decisions
The 2023 district court found a Batson violation; the 5th Circuit reversed, saying the defense failed to preserve the objection. The Supreme Court’s order leaves the procedural path unclear.
Verbatim Quotes
- “must at least have an opportunity to argue that the asserted race-neutral reasons were not the actual reasons.” — Justice Brett Kavanaugh
- “whether due to confusion, oversight, an overly hurried jury selection process, or some other cause, things broke down,” — Justice Brett Kavanaugh
- “if the court’s decision is mistaken, at least its impact is limited.” — Justice Neil Gorsuch
- “WASHINGTON (AP) — 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.” — Associated Press
Future Outlook
Lower courts must decide whether to vacate, modify, or order a new trial. The ruling may spur further Batson challenges in Mississippi and influence future Supreme Court views on jury-selection bias.
