The Supreme Court ruled on Thursday that Black Mississippi death row inmate, Terry Pitchford, can pursue new challenges to his conviction. Chief Justice John Roberts and Justice Brett Kavanaugh sided with the court’s liberal wing in a 5-4 decision. This ruling underscores differences within the conservative-majority court on addressing racial bias in jury selection. It also reinforces the precedent of barring discrimination against Black jurors. The decision sends Pitchford’s case back to lower courts, where his conviction and death sentence might be reconsidered.
Joseph Perkovich, who argued for Pitchford at the Supreme Court, stated, “Mr. Pitchford is now entitled to a fair trial in the state court,” as reported by the Associated Press.
A Fractured Conservative Block Over Racial Bias
The case involved claims that prosecutors improperly removed Black prospective jurors during Pitchford’s 2006 trial. He was sentenced to death for his involvement in the robbery and killing of Reuben Britt, a grocery store owner in northern Mississippi. Four of the five eligible Black jurors were struck, leaving only one Black member on the jury. Defense attorneys objected, citing racial motives.
This case references the court’s 1986 decision in Batson v. Kentucky, which prohibits excluding jurors based on race. Courts must scrutinize prosecutors’ reasons for such strikes. Pitchford’s lawyers argued they lacked a real chance to contest these reasons. A federal district judge agreed in 2023, overturning his conviction. However, the 5th U.S. Circuit Court of Appeals reversed this decision, aligning with the Mississippi Supreme Court, which claimed Pitchford’s attorneys didn’t properly preserve their objections. The Supreme Court’s decision now allows for these claims to be reconsidered.
Kavanaugh, writing for the majority, noted, “The trial court did not afford Pitchford’s counsel a sufficient opportunity to rebut the prosecutor’s proffered race-neutral reasons and never determined whether the prosecutor’s stated reasons were pretextual.” He added that a lack of clarity or a hurried jury selection process led to a breakdown in the typical trial-court procedure for resolving Batson claims.
In dissent, Justice Neil Gorsuch argued that prosecutors provided legitimate, race-neutral reasons for striking jurors. He cited one prospective juror returning late to court and having a history of mental issues, two others had relatives with convictions, and another had no opinion on the death penalty.
Return of Doug Evans and the Shadow of Flowers v. Mississippi
The case mirrors Flowers v. Mississippi, a 2019 ruling that overturned a conviction involving the same prosecutor, Doug Evans. Justice Kavanaugh described Evans’ efforts as relentless in removing Black jurors. Evans also prosecuted Pitchford, and the same trial judge presided over both cases.
Who is Terry Pitchford?
Terry Pitchford is now 40 years old. He was 18 during the 2004 robbery that led to Britt’s death. His accomplice, who was under 18, fired the fatal shots and was ineligible for the death penalty, leaving Pitchford to face capital charges. A jury convicted him and sentenced him to death in 2006. Since then, he has spent nearly two decades on death row at the Mississippi State Penitentiary at Parchman.
Pitchford’s case centered on whether courts correctly assessed racial bias during jury selection, an issue common in several Mississippi cases. Defense attorneys asserted that the trial judge impeded their ability to contest the prosecution’s explanations for striking Black jurors, preventing a full investigation of possible racial intent. The Supreme Court agreed this warranted thorough review.
This article includes reporting by the Associated Press.
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