Batson forbids the use of peremptory strikes to remove jurors on the basis of race. On habeas review under AEDPA, however, a federal court can disturb a state court's Batson ruling only if it was “objectively unreasonable” (mere error is not enough). This case considers that line in habeas deference.
Pitchford was convicted of capital murder in 2006 in Mississippi and sentenced to death. At the trial, the prosecutor used peremptory strikes against four of the five eligible Black jurors, leaving one Black juror in a county that is forty percent Black. Defense counsel objected under Batson; the prosecutor offered race-neutral reasons; and the trial judge accepted them. After the jury was seated, defense counsel asked to approach the bench to confirm the objection was preserved and noted the demographic misalignment, but did not take further steps, such as arguing that the prosecution’s race-neutral points were pretext. The Mississippi Supreme Court treated that omission as a waiver. A Fifth Circuit panel reversed a district court grant of habeas, holding that AEDPA required deference to the state court’s waiver ruling. During argument, several justices sounded largely sympathetic to Pitchford.
That said, the model predicts the Court will affirm the Fifth Circuit by a 5-4 vote.
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