Pitchford v. Cain

The Supreme Court ruled that the Mississippi Supreme Court wrongly found that Terry Pitchford gave up his chance to challenge the prosecutor's reasons for striking four Black prospective jurors. The Court reversed the Fifth Circuit and sent the case back for further proceedings.

Justice Kavanaugh wrote the 5–4 opinion, joined by Chief Justice Roberts and Justices Sotomayor, Kagan, and Jackson; Justices Gorsuch, Thomas, Alito, and Barrett dissented.

The Court ruled 5-4. Justice Brett M. Kavanaugh wrote for Chief Justice John G. Roberts Jr. and Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson; Justice Neil Gorsuch dissented, joined by Justices Clarence Thomas, Samuel A. Alito Jr., and Amy Coney Barrett.

Majority

Kavanaugh

Roberts

Sotomayor

Kagan

Jackson

Dissent

Gorsuch

Thomas

Alito

Barrett

“The Mississippi Supreme Court "unreasonably applied the clearly established Batson precedents" and wrongly treated Pitchford's opportunity to respond as waived.”

The decision reinforces that state courts cannot use waiver rules to prevent consideration of a defendant's response to allegedly race-based jury strikes. It affects defendants, such as Pitchford, seeking federal habeas review of state-court jury-selection decisions.

The case returns to the Fifth Circuit for proceedings consistent with the Supreme Court's decision. The lower courts must reconsider Pitchford's claim without relying on the waiver finding rejected by the Court.

The Court said Mississippi unreasonably found that Pitchford waived his chance to rebut the prosecutor's reasons for four jury strikes.

Pitchford's case returns for further review. Defendants challenging allegedly race-based jury strikes may rely on the decision in similar federal habeas cases.

The Fifth Circuit must take up the case again under the Supreme Court's ruling. Further proceedings will address Pitchford's jury-strike challenge.