Tharpe v. Ford
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.

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
Opinions
Key filings
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
New analysis added
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Brief added: Petition
More questions
- 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.