WASHINGTON, D.C. — The U.S. Supreme Court will hear arguments Tuesday in Terry Pitchford's appeal challenging alleged racial discrimination in jury selection for his death penalty case. Attorney Joseph Perkovich will argue the case before the justices in Washington, D.C.

Pitchford, a Black death row inmate from Mississippi, was sentenced to death for his role in the 2004 killing of Reuben Britt. Now-retired prosecutor Doug Evans removed all but one Black prospective juror from the jury that tried and convicted Pitchford, and Judge Joseph Loper accepted the jury selection.

During jury selection, the prosecution excused four of the five remaining Black prospective jurors and Judge Loper accepted the explanations without analyzing whether race was a factor, according to court filings. The Mississippi Supreme Court upheld Pitchford's conviction.

In 2023, U.S. District Judge Michael P. Mills overturned Pitchford's conviction, concluding the trial judge gave insufficient opportunity to argue that the prosecution improperly dismissed Black jurors. Mills wrote in court filings that his ruling was partially motivated by Evans's actions in prior cases. "The court merely believes that it should have been included in a 'totality of the circumstances' analysis of the issue," Mills wrote.

A unanimous panel of the 5th U.S. Circuit Court of Appeals reversed Judge Mills's ruling. In December, the Supreme Court granted certiorari to hear Pitchford's appeal on a racial discrimination claim.

"Loper did not grasp he had to a constitutional duty to determine whether the reasons the district attorney gave for striking the Black citizens were credible and truthful. The judge simply failed even to try to discharge that critical duty, despite the defense's efforts," Perkovich said in an email.

Mississippi Attorney General Lynn Fitch said in a written filing that Evans did not inappropriately strike Black people from the jury. Pitchford's lawyers said in written filings that he should be released or retried if he wins at the Supreme Court. Mississippi said in written filings the case should return to the state Supreme Court to review Pitchford's arguments that the jury strikes were discriminatory.

Seven years ago, the Supreme Court overturned the death sentence and conviction of Curtis Flowers in a case involving the same district attorney, trial judge, and Mississippi Supreme Court. Seven of the current nine Supreme Court justices were on the court when it decided the Flowers case. Evans stepped down from his job in 2023.