Supreme Court Hears Death Row Case Over Racial Bias in Jury Selection

Familiar names from past cases involving racial discrimination in jury selection are back before the high court.

Mar. 29, 2026 at 3:05pm

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A quiet, cinematic painting of an empty courtroom bathed in warm, diagonal sunlight and deep shadows, with a single chair in the center of the frame, conveying the solemnity and gravity of the judicial process.The Supreme Court will weigh in on allegations of racial bias in jury selection, a longstanding issue that continues to plague the criminal justice system.Grenada Today

The Supreme Court will hear arguments in a case involving a Black death row inmate from Mississippi, Terry Pitchford, who claims the prosecutor improperly dismissed Black jurors during his trial. The case involves the same prosecutor, judge, and state Supreme Court that were previously rebuked by the Supreme Court for racial discrimination in jury selection in another case.

Why it matters

The Supreme Court has taken a dim view of defendants' claims in capital cases in recent years, but this case involves a claim of racial discrimination in jury selection that has gained traction even among some conservative justices. The outcome could have significant implications for how courts evaluate and address racial bias in the criminal justice system.

The details

In Pitchford's case, the prosecution excused four of the five remaining Black people in the jury pool, and the trial judge accepted all four explanations without properly analyzing whether race was the real reason. Pitchford's lawyers argue the judge failed to fulfill his constitutional duty to determine if the prosecutor's reasons were credible and truthful. A federal judge previously overturned Pitchford's conviction, citing the trial judge's failure, but an appeals court reversed that ruling.

  • The Supreme Court case will be heard on Tuesday, March 29, 2026.
  • Pitchford was sentenced to death in 2004 for his role in a robbery that resulted in a murder.

The players

Terry Pitchford

A Black death row inmate from Mississippi who was convicted and sentenced to death for his role in a 2004 robbery and murder.

Doug Evans

A now-retired prosecutor with a history of dismissing Black jurors for discriminatory reasons, who was involved in Pitchford's case as well as the previous Curtis Flowers case that was overturned by the Supreme Court.

Judge Joseph Loper

The trial judge who allowed the dismissal of Black jurors in Pitchford's case despite the defense's objections.

Joseph Perkovich

The lawyer who will argue Pitchford's case before the Supreme Court.

Lynn Fitch

The Mississippi Attorney General who is defending the state Supreme Court's decision in Pitchford's case.

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What they’re saying

“The judge simply failed even to try to discharge that critical duty, despite the defense's efforts.”

— Joseph Perkovich, Pitchford's Lawyer

“The court merely believes that it should have been included in a 'totality of the circumstances' analysis of the issue.”

— U.S. District Judge Michael P. Mills

What’s next

If Pitchford wins at the Supreme Court, he could be released or granted a new trial. If he loses, the case would return to the Mississippi Supreme Court to review his arguments that the jury strikes were discriminatory.

The takeaway

This case highlights the ongoing battle over racial bias in the criminal justice system, particularly in capital cases, and the Supreme Court's role in addressing these issues. The outcome could have significant implications for how courts evaluate and address racial discrimination in jury selection.