Death penalty jury selection
White v. Wheeler
In brief
The Supreme Court overturned the Sixth Circuit’s ruling and sent Wheeler’s case back for more proceedings.
- Where it stands
- Decided
Decided · December 14, 2015 · Per curiam
- What it’s about
- Roger Wheeler challenged his death sentence after the Sixth Circuit ruled that the trial court improperly excused a potential juror who gave uncertain answers about considering the death penalty.
- Who it affects
- The decision overturns the Sixth Circuit’s ruling that had set aside Wheeler’s death sentence; his case returns for further proceedings.
Summary: written with AI from the case record.

What it's about
The Supreme Court overturned the Sixth Circuit’s ruling and sent the case back for further proceedings.
Juror 638 first said he was unsure whether he could consider voting for the death penalty, then later said he could consider all penalty options. The trial judge initially noted that he could consider the full range, but struck him after reviewing the testimony.
Kentucky’s courts had upheld Wheeler’s death sentence before the Sixth Circuit overturned it during federal review.
Question presented
Was the decision to strike a potential juror based on that juror’s equivocal statements about his ability to consider the death penalty a reasonable application of the Supreme Court’s precedence as established in Witherspoon v. Illinois ?
What the Court decided
Holding
The judgment of the Court of Appeals for the Sixth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.
- Result
- Reversed
The Court's reasoning
The Court said the Sixth Circuit’s ruling conflicted with Supreme Court precedents. It emphasized that federal courts reviewing state convictions must give substantial deference to state-court decisions.
The vote
- Majority author
- Per Curiam
What's next
The case returns for further proceedings consistent with the Supreme Court’s opinion; the order does not specify those proceedings.
Each side's argument
- Kentucky prosecutors at trial
- They asked to remove Juror 638, arguing his conflicting answers showed he could not reliably consider the death penalty.
- Roger Wheeler’s trial defense
- It argued he could consider all penalty options despite his reservations about the death penalty.
Documents
Opinions
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
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Case data updated: question_presented, extraction_metadata
Opinion added: Wheeler
More questions
- Which constitutional protections did the Sixth Circuit say were violated?
- It said removing the juror violated Wheeler’s rights under the Sixth and Fourteenth Amendments.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.