Pitchford v. Cain
No. 24-7351 · Decided May 28, 2026 · reversed and remanded
Whether the Mississippi Supreme Court unreasonably applied *Batson v. Kentucky* and unreasonably determined that the petitioner waived his opportunity to rebut the prosecutor's asserted race-neutral reasons for peremptory strikes. The Mississippi Supreme Court unreasonably applied clearly established *Batson* precedents and unreasonably determined that the petitioner waived his opportunity to rebut the prosecutor's asserted race-neutral reasons for the peremptory strikes.
Vote & lineupKavanaugh delivered the opinion of the Court, joined by Roberts, Sotomayor, Kagan, Jackson (5). Dissent(s): Gorsuch (joined by Thomas, Alito, Barrett).
⚠ summary flagged: missing/empty section: PETITIONER'S ARGUMENT; missing/empty section: RESPONDENT'S ARGUMENT; missing/empty section: THE DECISION; missing/empty section: DISSENT SUMMARY
The question
Whether the Mississippi Supreme Court unreasonably applied *Batson v. Kentucky* and unreasonably determined that the petitioner waived his opportunity to rebut the prosecutor's asserted race-neutral reasons for peremptory strikes. The issue concerns whether a defendant waives a *Batson* objection if the trial court fails to conduct the third step of the inquiry and prevents the defense from arguing pretext. The Court must determine if this finding meets the deferential standard of the Antiterrorism and Effective Death Penalty Act of 1996.