No. 21-5050October Term 2021Decided Apr 18, 2022
Love v. Texas
The key question is whether a death sentence can stand if a racially biased juror served, even though the defense got extra opportunities to strike other potential jurors.
Case status
- Current stage
- Decided
- Latest event
- Decision released Apr 18, 2022
- What it's about
This case asks whether Texas violated a capital defendant’s constitutional rights by allowing a racially biased juror to serve on his death-penalty jury. It also concerns whether the Texas Court of Criminal Appeals wrongly treated that error as harmless because the trial court had given the defense extra peremptory strikes earlier in jury selection.
Question presented
1. Whether Texas' Court of Criminal Appeals, the only court of last resort reviewing direct appeals in death penalty cases has decided an important federal question concerning a racially biased juror being allowed on a capital death penalty jury in violation of Petitioner's rights under the Sixth and Fourteenth Amendments to the United States Constitution. 2. Whether Texas' Court of Criminal Appeals, the only court of last resort reviewing direct appeals in death penalty cases has decided an important federal question concerning a racially biased juror in a way that conflicts with relevant decisions of this Court in violation of Petitioner's rights under the Sixth and Fourteenth Amendments to the United States Constitution.
- Case path
Court of Criminal Appeals of Texas / Decision released Apr 18, 2022
- Area
Decided Supreme Court case
Briefing
What it's about
Love v. Texas asks whether Texas violated a capital defendant's Sixth and Fourteenth Amendment rights by allowing a racially biased juror to serve on his death-penalty jury. It also asks whether the Texas Court of Criminal Appeals wrongly treated that problem as harmless because the defense had received extra peremptory strikes (limited removals of potential jurors) earlier in jury selection.
Vote
The case is still pending, and oral argument has not been scheduled. The petition asks the Court to review whether Texas let a racially biased juror serve and whether the state court's harmless-error analysis conflicts with Supreme Court precedent.
Impact
The case could affect how courts handle claims that a biased juror sat on a death-penalty jury. For example, a defendant facing a possible death sentence could argue that extra chances to remove other jurors do not fix the harm from one allegedly biased juror staying on the panel.
What's next
Watch for another scheduling move from the Court, including whether it will hear the case and later set oral argument. No decision window is available yet.
What is the core dispute in Love v. Texas?
The petition says Texas allowed a racially biased juror to sit on a capital jury. It also challenges the state court's view that extra jury strikes made that error harmless.
Why could this case matter beyond one defendant?
It could shape how courts respond when a biased juror serves in a death-penalty trial. That matters to defendants, trial judges, and prosecutors handling jury selection.
What should readers watch for next in this case?
The next sign of movement is whether the Supreme Court takes another scheduling step. If the Court agrees to hear it, an oral argument date would likely follow.
Decision
What the Court decided
The key question is whether a death sentence can stand if a racially biased juror served, even though the defense got extra opportunities to strike other potential jurors.
Impact
The case could affect how courts handle claims that a biased juror sat on a death-penalty jury. For example, a defendant facing a possible death sentence could argue that extra chances to remove other jurors do not fix the harm from one allegedly biased juror staying on the panel.
Not official Court text.
Opinion documents
Timing
Decided April 18, 2022
The Court released its decision on April 18, 2022 without hearing oral argument.
Documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology