Hogan Lovells secures U.S. Supreme Court victory reinforcing protections against racial discrimination in jury selection

The Court held that the Mississippi Supreme Court unreasonably applied clearly established federal law by concluding that petitioner Terry Pitchford had waived his ability to challenge the prosecution’s race-neutral explanations for striking Black prospective jurors during jury selection.

The ruling reinforces the protections against racial discrimination in jury selection established in Batson v. Kentucky. The ruling also makes clear that courts cannot apply waiver rules in a manner that forecloses meaningful review of whether prosecutors' stated reasons for peremptory strikes are pretextual.

"The Court made clear that Batson cannot be sidestepped," said Jessica Ellsworth, partner and co-head of the Hogan Lovells Appellate and Supreme Court practice. "If a defendant raises a discrimination claim, courts must assess whether the prosecutor’s reasons withstand scrutiny."

The majority opinion emphasizes that, under the federal habeas standard set forth in the Antiterrorism and Effective Death Penalty Act (AEDPA), state courts must apply Batson faithfully and cannot apply waiver rules in a manner that prevents meaningful review of whether discriminatory intent motivated juror strikes.

Hogan Lovells served as pro bono counsel to petitioner Terry Pitchford, working alongside Joe Perkovich, Joe Welling, and John Mills at nonprofit law firm Phillips Black. In addition to Ellsworth, the Hogan Lovells team included Catherine Stetson, partner and co-head of the firm’s Appellate and Supreme Court practice; partners Jo Ann Tamila Sagar (Washington, D.C.) and Katherine Wellington (Boston); senior associates Jackson B. Skeen (Boston), Johannah Cassel Walker (San Francisco), and associates Darryl Williams and Eric Roytman (both Washington, D.C.).

The case has been remanded for further proceedings consistent with the Court’s opinion.

About Hogan Lovells’ Appellate and Supreme Court practice

Hogan Lovells’ Appellate and Supreme Court practice represents clients in high-stakes appeals in courts across the United States, including the Supreme Court of the United States, federal courts of appeals, and state appellate courts. The team combines deep experience in complex legal issues with a strong record of success in precedent-setting cases.