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Dec 24, 2025

Supreme Court Grants ‘Rare Win’ In Case Involving Jury Selection-llllllllllllll

The Supreme Court agreed to hear the case of death-row inmate Terry Pitchford, who alleges that prosecutors in his 2004 Mississippi murder trial disproportionately struck black jurors. The court granted Pitchford in forma pauperis status, allowing him to proceed without paying filing fees.

“Courts are ‘inundated’ with these requests, which often do not have merit. It is rare, so more than half of appeals for the Supreme Court are IFP appeals, and that’s because inmates have nothing to do, so they file these appeals,” Neama Rahmani, a former federal prosecutor, said, per the Tacoma News Tribune.

“Some of them are handwritten. There are a lot of jailhouse lawyers. Looking at it from a purely numbers perspective, you don’t even have to get into the legal analysis, right? You can say X number of potential black jurors. All but one of them ended up getting struck by the prosecutor. I think it’s just an easier case to present,” she added.

One federal judge initially overturned Pitchford’s conviction; however, a subsequent appeals court reinstated it, the outlet said.

“On February 6, 2006, Mr. Pitchford’s jury was seated in the Grenada Circuit Court, with District Attorney Evans, exclusively, exercising the prosecution’s four strikes presently at issue. Judge Loper sustained each of these strikes over the defense’s Batson objections, thereby supplying the basis for this certiorari petition,” Pitchford’s lawyers Joseph Perkovich, Joseph Welling and J. Scott Gilbert wrote in a petition.

The justices are set to determine whether the conviction will be upheld, with arguments anticipated in the spring of 2026. Mississippi Attorney General Lynn Fitch has come forward to support the lower courts’ handling of Pitchford’s Batson claim.

“Petitioner first asks this Court to decide whether the state courts violated clearly established federal law by not considering ‘evidence’ and ‘circumstances’ on his Batson claim that he failed to argue or present to the trial court. Pet. i; see Pet. 6, 15-32. That issue does not further warrant review,” Fitch noted in a filing.

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