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Tharpe v. Sellers

Updated Sep 5, 2026

In brief

Tharpe won the right to pursue an appeal over whether racial bias tainted his death sentence.

Where it stands
Case remanded

Remanded · January 8, 2018

What it’s about
The Court ruled for Keith Tharpe, holding that he was entitled to a certificate of appealability because a juror’s affidavit containing racist statements gave substantial reason to question whether racial bias affected the death-sentence verdict.
Who it affects
The decision gives Tharpe another chance to challenge his death sentence based on evidence of racial bias by a juror. It also matters to other death-row prisoners who can show strong evidence that racial prejudice affected a verdict.

Summary: written with AI from the case record.

Illustration for Keith Tharpe, Petitioner v. Eric Sellers, Warden
Conceptual illustration · AI-generated

What it's about

The Court vacated the Eleventh Circuit’s ruling and sent the case back for further consideration of whether the judgment should be reopened under Federal Rule of Civil Procedure 60(b)(6).

The case concerns when courts must take evidence of racial bias seriously even after a jury has reached a verdict.

Question presented

Should a capital case be reopened in light of a juror's racially discriminatory statements made after the petitioner's capital murder trial, providing sufficient evidence in the record for the trial court to conclude that racial animus had influenced the jury's conviction and imposition of the death sentence?

What the Court decided

Result

Remanded

The vote

  • Joined the judgment
  • Dissented
Majority · 6joined the Court's opinion
  1. Ginsburg
  2. Kennedy
  3. Roberts
  4. Breyer
  5. Kagan
  6. Sotomayor
Dissenting · 3disagreed with the result
  1. Thomas
  2. Alito
  3. Gorsuch
6 justices joined the judgment, 3 dissented.

What's next

The Eleventh Circuit must reconsider whether to reopen the judgment under Rule 60(b)(6), a rule allowing exceptional reopening of final judgments. The Supreme Court has finished its action in this docket.

Documents

1

Docket activity

5
  • New analysis added

    Sep 5, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 5, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Sep 5, 2026 · Court records

  • New analysis added

    Jul 2, 2026 · Court records

  • Opinion added: Opinion

    Jan 8, 2018 · Court records

More questions

3
What did the Supreme Court rule in Tharpe v. Sellers?
The Court said Tharpe was entitled to appeal and vacated the Eleventh Circuit's decision. It ordered further consideration of reopening his case.
How could the Tharpe decision affect death penalty cases?
It gives prisoners a path to challenge a death sentence when strong evidence suggests racial bias affected a juror's decision.
When does Tharpe's case move forward again?
The case returns to the Eleventh Circuit now. That court must consider whether exceptional circumstances justify reopening the judgment.

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.

Checked Sep 5, 2026Methodology

Court records and filings

Reporting and analysis