Supreme Court Overturns Death Row Conviction Over Jury Bias, May 30

The U.S. Supreme Court overturned the death sentence of Terry Pitchford, a Black man on Mississippi’s death row for 20 years, after finding prosecutors improperly excluded Black jurors during his 2006 trial. In a 5-4 ruling, the court said the trial judge failed to let Pitchford’s lawyers challenge the prosecutor’s stated reasons for striking four Black potential jurors. This case marks the second time the court has reversed a capital conviction by the same prosecutor for racial bias in jury selection.

What Happened at Pitchford’s Trial

In 2004, Pitchford and Eric Bullins robbed a grocery store near Grenada, Mississippi. Bullins shot and killed the white store owner. Bullins received a 20-year sentence after pleading guilty. The state charged Pitchford with capital murder and sought the death penalty. Pitchford was 18 at the time.

During jury selection, prosecutor Doug Evans used peremptory strikes to remove four of the five Black potential jurors. The final jury had 11 white jurors and one Black juror. The county was 40 percent African American. Pitchford was convicted and sentenced to death in 2006.

Why the Conviction Was Overturned

Justice Brett Kavanaugh wrote for the majority that the trial judge broke the rules set by Batson v. Kentucky, a 1986 Supreme Court decision that bars prosecutors from excluding jurors based on race. Under Batson, prosecutors must give race-neutral reasons when challenged. The trial judge accepted Evans’ stated reasons but never let Pitchford’s lawyers argue those reasons were false pretexts for racial discrimination.

Kavanaugh stated: “In this case, whether due to confusion, oversight, an overly hurried jury selection process, or some other cause, things broke down.” Chief Justice John Roberts and the three liberal justices joined Kavanaugh. This was the Supreme Court’s first case on jury discrimination since the 2023 Harvard affirmative action decision.

A Pattern With the Same Prosecutor

Evans, now retired, has a documented history of removing Black jurors. In 2019, the Supreme Court overturned the conviction of Curtis Flowers, another Black man Evans prosecuted in a capital case. Flowers was tried six times before the court found 7-2 that Evans had worked to keep Black people off the jury.

The court’s majority emphasized that trial judges must give defense lawyers a real chance to rebut prosecutor claims. Without that opportunity, racial bias in jury selection goes unchecked.

What Happens Next

Pitchford is now entitled to a fair trial in Mississippi state court. The state can retry him or appeal further. Justice Neil Gorsuch dissented, joined by Justices Samuel Alito, Amy Coney Barrett, and Clarence Thomas. Gorsuch argued Pitchford had not met the legal standard for overturning the conviction. The outcome remains uncertain, but Pitchford’s 20-year death sentence has been set aside.

Final Thoughts

The Supreme Court’s 5-4 decision restores Pitchford’s right to a fair trial after 20 years on death row. The ruling reinforces that prosecutors cannot exclude jurors based on race without defense scrutiny, a principle the court has now applied twice to the same Mississippi prosecutor.

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