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The U.S. Supreme Court on Thursday threw out the murder conviction of Terry Pitchford, a Black man on death row in Mississippi.
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Pitchford was 18 at the time of the 2004 robbery and killing of grocery store owner Reuben Britt.
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Another defendant, Eric Bullin, fired the fatal shots but was not eligible for the death penalty because he was under 18.
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Eric Bullin later pleaded guilty to manslaughter for his role in the murder.
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At trial, there was just one Black juror on the 12-member panel in a county that is 40% Black.
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During jury selection, District Attorney Doug Evans struck four Black prospective jurors.
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Doug Evans is white and no longer in office.
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According to an American Public Media analysis, Doug Evans has a history of excluding Black jurors for discriminatory reasons.
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In 2019, the Supreme Court threw out the murder conviction of Curtis Flowers, another Black man, finding that Doug Evans unlawfully blocked Black jury members in that case.
Brett Kavanaugh, Supreme Court Justice
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Justice Brett Kavanaugh wrote that a defense lawyer “must at least have an opportunity to argue that the asserted race-neutral reasons were not the actual reasons.”
Brett Kavanaugh, Supreme Court Justice
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Justice Brett Kavanaugh added, “whether due to confusion, oversight, an overly hurried jury selection process, or some other cause, things broke down.”
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Pitchford’s lawyers argued that jury selection was unlawfully based on race.
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The Supreme Court’s 5-4 ruling revives a federal judge’s 2023 ruling that invalidated Pitchford’s conviction on the grounds that his lawyer was not given an opportunity to pursue a line of questioning about racial bias in jury selection.
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U.S. District Judge Michael P. Mills overturned Pitchford’s conviction in 2023, holding that the trial judge did not give Pitchford’s lawyers enough of a chance to argue that the prosecution was improperly dismissing Black jurors.
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Judge Michael P. Mills wrote that his ruling was partially motivated by Doug Evans’ actions in prior cases.
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In 2025, a unanimous panel of the 5th U.S. Circuit Court of Appeals reversed the federal judge’s ruling.
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Pitchford appealed to the Supreme Court after the 5th U.S. Circuit Court of Appeals rejected his claim.
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The Mississippi Supreme Court previously upheld Pitchford’s conviction, ruling that he had waived his right to rebut the state’s race-neutral justifications for striking Black jurors.
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At trial, the judge accepted the prosecution’s race-neutral explanations and quickly moved on without allowing full rebuttal.
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The Supreme Court’s ruling in Batson v. Kentucky (1986) prohibits excluding jurors based on race and requires trial judges to evaluate claims of discrimination and prosecutors’ race-neutral explanations.
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Pitchford’s case focused on whether his lawyers sufficiently objected to Judge Joseph Loper’s rulings and whether the Mississippi Supreme Court reasonably concluded they had not.
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The robbery occurred at the Crossroads Grocery, just outside Grenada in northern Mississippi.
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Reuben Britt was shot three times and fatally wounded during the robbery.
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Pitchford was tried for capital murder and sentenced to death.
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The case has been making its way through the court system for 20 years.
Neil Gorsuch, Supreme Court Justice
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Justice Neil Gorsuch wrote in dissent that the court had overstepped its authority by ruling in Pitchford’s favor despite a federal law limiting federal courts’ power to grant relief to state prisoners.
Neil Gorsuch, Supreme Court Justice
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Justice Neil Gorsuch added, “if the court’s decision is mistaken, at least its impact is limited.”
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The Supreme Court’s majority included Justice Brett Kavanaugh, Chief Justice John Roberts, and the three liberal justices.
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Four conservative justices dissented from the ruling.
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Prosecutors could seek to try Pitchford again.
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