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Tharpe v. Ford

Updated Sep 5, 2026

In brief

The Court declined review, leaving the lower-court result in place without deciding the retroactivity question.

Where it stands
Decided

Decided · March 18, 2019

What it’s about
Keith Tharpe sought Supreme Court review of whether its decision in Peña-Rodríguez v.
Who it affects
The denial means people challenging older convictions based on alleged racial bias during jury deliberations did not receive a nationwide answer from the Court.

Summary: written with AI from the case record.

Illustration for Keith Tharpe, Petitioner v. Benjamin Ford, Warden
Conceptual illustration · AI-generated

What it's about

Colorado, which allows courts to consider evidence of racial bias in jury deliberations in certain circumstances, applies retroactively in collateral challenges to convictions. The Court denied review, leaving the Eleventh Circuit’s ruling against Tharpe in place and not deciding the retroactivity question.

The case concerned the reach of Peña-Rodríguez, which permits courts in certain situations to consider evidence of racial bias in jury deliberations.

Question presented

Does Pena-Rodriguez apply retroactively to cases on collateral review?

What the Court decided

What's next

The Supreme Court has finished its action on this docket. Tharpe's lower-court result remains in place.

Why it matters

For example, a prisoner raising similar claims in the Eleventh Circuit remains subject to that court's approach.

Documents

2

Docket activity

6
  • 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

    Mar 18, 2019 · Court records

Show 1 more
  • Brief added: Petition

    Nov 21, 2018 · Court records

More questions

3
What did the Supreme Court rule in Tharpe v. Ford?
The Court declined to hear the case. It did not decide whether Peña-Rodríguez applies retroactively to collateral challenges.
Who is affected by the denial in Tharpe v. Ford?
People raising similar claims about racial bias in jury deliberations may be affected, especially in the Eleventh Circuit. The denial did not create a nationwide rule.
What happens next in Tharpe v. Ford?
The Supreme Court's docket action is complete. The Eleventh Circuit's result against Tharpe remains in place.

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