No. 24-7351

Terry Pitchford v. Burl Cain, Commissioner, Mississippi Department of Corrections, et al.

Lower Court: Fifth Circuit
Docketed: 2025-06-03
Status: Granted
Type: IFP
Amici (13)Relisted (8)IFP Experienced Counsel
Tags: batson-challenge capital-punishment equal-protection habeas-corpus peremptory-strikes racial-discrimination
Latest Conference: 2025-12-12 (distributed 8 times)
Question Presented (from Petition)

1. Does clearly established federal law determined by this Court and applied in six other circuits require reversal of a state appellate court's denial of relief from a capital prosecutor's discriminatory exercise of four peremptory strikes against Black venire members wherein the trial court, for each of the four strikes, failed to determine "the plausibility of the reason in light of all evidence with a bearing on it"? Miller-El II, 545 U.S at 251–52.

2. Does Mississippi Supreme Court precedent, which deems waived on direct review arguments of pretext not stated in the trial record, defy this Court's clearly established federal law under Batson?

3. Does a finding of waiver on a trial record possessing Batson objections, defense counsel efforts to argue the objection, and the trial court's express assurance the issues were preserved, constitute an unreasonable determination of facts?

Question Presented (AI Summary)

Does clearly established federal law require reversal of a state appellate court's denial of relief from a capital prosecutor's discriminatory exercise of peremptory strikes against Black venire members?

Docket Entries

2026-03-31
Argued. For petitioner: Joseph J. Perkovich, New York, N. Y. (Appointed by this Court.) For respondents: Scott G. Stewart, Solicitor General, Jackson, Miss.; and Emily M. Ferguson, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
2026-03-30
Motion to appoint counsel filed by petitioner GRANTED.
2026-03-20
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2026-03-17
Reply of Terry Pitchford submitted.
2026-03-17
Reply of petitioner Terry Pitchford filed. (Distributed)
2026-03-11
Motion to appoint counsel DISTRIBUTED for Conference of 3/27/2026.
2026-03-06
Brief amici curiae of State of Alabama and 19 Other States filed. (Corrected - March 20, 2026). (Distributed)
2026-03-06
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2026-03-06
Brief amicus curiae of United States of America filed. (Distributed)
2026-03-06
Brief amici curiae of Alabama, et al. filed. (Distributed)
2026-03-06
Motion of United States of America for leave to participate in oral argument and for divided argument submitted.
2026-03-06
Amicus brief of United States of America submitted.
2026-02-27
Brief of respondents Cain, Comm'r, MS DOC, et al. filed. (Distributed)
2026-02-27
Brief of Cain, Comm'r, MS DOC, et al. submitted.
2026-02-27
Motion for Appointment of Counsel Pursuant to Rule 39 of Terry Pitchford submitted.
2026-02-27
Motion to appoint counsel filed by petitioner Terry Pitchford.
2026-02-25
CIRCULATED
2026-02-23
Sealed material received electronically from the United States District Court for the Northern District of Mississippi and available with the Clerk. The remainder of the record is electronic and is available on PACER.
2026-02-13
Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.
2026-02-10
Record requested from the United States Court of Appeals for the Fifth Circuit.
2026-02-04
Amicus brief of NAACP Legal Defense & Educational Fund, Inc. submitted.
2026-02-04
Brief amici curiae of Habeas Corpus Scholars filed.
2026-02-04
Brief amici curiae of Fair and Just Prosecution, et al. filed.
2026-02-04
Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
2026-02-04
Brief amici curiae of Linda Lee, et al. filed.
2026-02-04
Brief amici curiae of American Civil Liberties Union Foundation, et al. filed.
2026-02-04
Brief amicus curiae of Mississippi Legislative Black Caucus filed.
2026-02-04
Brief amici curiae of Constitutional Accountability Center, et al. filed.
2026-02-04
Amicus brief of Fair and Just Prosecution, the Law Enforcement Action Partnership, and 40 Current and Former Prosecutors, Law Enforcement Officials, and Former Judges submitted.
2026-02-04
Amicus brief of Linda Lee, Patricia Tidwell Hubbard, and Carlos Ward submitted.
2026-02-04
Amicus brief of American Civil Liberties Union Foundation, American Civil Liberties Union of Mississippi, and Fred T. Korematsu Center For Law and Equality submitted.
2026-02-04
Amicus brief of The Mississippi Legislative Black Caucus submitted.
2026-02-04
Amicus brief of Constitutional Accountability Center and National Association of Criminal Defense Lawyers submitted.
2026-01-30
SET FOR ARGUMENT on Tuesday, March 31, 2026.
2026-01-28
Brief of Terry Pitchford submitted.
2026-01-28
2026-01-28
Brief of petitioner Terry Pitchford filed.
2026-01-28
Joint appendix Volumes 1, 2, 3 and 4 filed. (Statement of costs filed)
2025-12-15
Motion to proceed in forma pauperis granted. Petition for a writ of certiorari GRANTED limited to the following question: Whether, under the standards set forth in AEDPA, 28 U. S. C. §2254(d), the Mississippi Supreme Court unreasonably determined that petitioner waived his right to rebut the prosecutor's asserted race-neutral reasons for exercising peremptory strikes against four black jurors.
2025-12-08
DISTRIBUTED for Conference of 12/12/2025.
2025-12-01
DISTRIBUTED for Conference of 12/5/2025.
2025-11-17
DISTRIBUTED for Conference of 11/21/2025.
2025-11-10
DISTRIBUTED for Conference of 11/14/2025.
2025-11-03
DISTRIBUTED for Conference of 11/7/2025.
2025-10-14
DISTRIBUTED for Conference of 10/17/2025.
2025-10-06
DISTRIBUTED for Conference of 10/10/2025.
2025-08-21
DISTRIBUTED for Conference of 9/29/2025.
2025-08-15
Reply of petitioner Terry Pitchford filed.
2025-08-15
Reply of Terry Pitchford submitted.
2025-08-01
Brief of respondent Burl Cain, Commissioner, Mississippi Department of Corrections, et al. in opposition filed.
2025-08-01
Brief of respondent Burl Cain, Commissioner Mississippi Department of Corrections, et al. in opposition filed.
2025-08-01
Brief of Cain, Comm'r, MS DOC, et al. in opposition submitted.
2025-07-03
2025-07-03
Amicus brief of Mississippi Legislative Black Caucus submitted.
2025-07-03
Amicus brief of Linda Lee, Patricia Tidwell Hubbard, and Carlos Ward submitted.
2025-07-03
Amicus brief of Current and Former Elected Prosecutors, Former Attorney General and Federal and State Judges, and Fair and Just Prosecution submitted.
2025-07-03
Brief amici curiae of Current and Former Elected Prosecutors, et al. filed.
2025-07-03
2025-06-18
Motion to extend the time to file a response is granted and the time is extended to and including August 4, 2025.
2025-06-16
Motion to extend the time to file a response from July 3, 2025 to August 4, 2025, submitted to The Clerk.
2025-06-16
Motion of Cain, Comm'r, MS DOC, et al. for an extension of time submitted.
2025-05-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 3, 2025)
2025-04-23
Application (24A1022) granted by Justice Alito extending the time to file until May 28, 2025.
2025-04-18
Application (24A1022) to extend the time to file a petition for a writ of certiorari from April 28, 2025 to June 27, 2025, submitted to Justice Alito.

Attorneys

American Civil Liberties Union Foundation, American Civil Liberties Union of Mississippi, and Fred T. Korematsu Center For Law and Equality
Katherine Lindsay PringleFriedman Kaplan, et al., Amicus
Cain, Comm'r, MS DOC, et al.
Allison Kay HartmanMississippi Attorney General's Office, Respondent
Scott Grant StewartMississippi Attorney General's Office, Respondent
Constitutional Accountability Center and National Association of Criminal Defense Lawyers
Brianne Jenna GorodConstitutional Accountability Center, Amicus
Current and Former Elected Prosecutors, Former Attorney General and Federal and State Judges, and Fair and Just Prosecution
Daniel Hirotsu WoofterRussell & Woofter LLC, Amicus
Habeas Corpus Scholars
Geoffrey Cameron ShawOrrick, Herrington & Sutcliffe LLP, Amicus
Linda Lee, Patricia Tidwell Hubbard, and Carlos Ward
Amy Rebekah UpshawKing & Spalding LLP, Amicus
Mississippi Legislative Black Caucus
William Tucker CarringtonUniversity of Mississippi School of Law, Amicus
NAACP Legal Defense & Educational Fund, Inc.
Ashley Michelle BurrellNAACP Legal Defense & Educational Fund, Inc., Amicus
State of Alabama and 19 Other States
Alexander Barrett BowdreOffice of Alabama Attorney General, Amicus
Terry Pitchford
Joseph John PerkovichPhillips Black, Inc., Petitioner
Jo-Ann Tamila SagarHogan Lovells US LLP, Petitioner
The Mississippi Legislative Black Caucus
Kimberly Joanne BroeckerWilliams & Connolly LLP, Amicus
United States of America
D. John SauerSolicitor General, Amicus