WASHINGTON, D.C. – On September 29, 2025, the U.S. Supreme Court will consider whether to hear Pitchford v. Cain, a case raising allegations of racial discrimination in jury selection that echo the Court’s 2019 ruling in Flowers v. Mississippi. The case once again places former District Attorney Doug Evans at the center of controversy over his use of peremptory strikes to exclude Black jurors in capital cases.
The case involves Terry Pitchford, who was sentenced to death in Grenada, Mississippi, in 2006 for a botched robbery that led to the death of a shopkeeper. According to the state’s theory of the case, the fatal shots were fired not by Pitchford, then 18 years old, but by his 16-year-old co-defendant. At trial, Evans excluded four Black prospective jurors for reasons a federal court later found lacked credibility and were based on race.
In December 2023, the U.S. District Court for the Northern District of Mississippi ruled that Pitchford’s constitutional rights had been violated. The court determined that Judge Joseph Loper, who presided over the trial, failed to follow the established three-step process under Batson v. Kentucky that is designed to prevent racial discrimination in jury selection. The district court ordered a new trial.
The State of Mississippi appealed, and in January 2025 a panel of the Fifth Circuit Court of Appeals reversed the district court’s decision, reinstating Pitchford’s conviction and death sentence. That ruling came despite prior Supreme Court precedent, including Miller-El v. Dretke in 2005, which held that federal courts must overturn state court cases when jurors are excluded because of race.
The parallels to Flowers v. Mississippi are striking. Evans became widely known after the Supreme Court found he had repeatedly struck Black jurors in the case of Curtis Flowers, who endured six trials spanning more than two decades. Justice Brett Kavanaugh, writing for the majority, noted that Evans had used peremptory challenges to remove 41 of 42 Black prospective jurors across those trials. The case was marked by multiple reversals, hung juries, and suppressed evidence before Flowers’ indictment was finally dismissed in 2020.
Judge Loper, who presided over Flowers’ sixth trial in 2010, was also the trial judge in Pitchford’s case. In both cases, his handling of the Batson process drew sharp criticism. The failure to enforce protections against discriminatory jury strikes has now returned to the Supreme Court’s attention.
The stakes extend beyond Pitchford’s fate. Advocates argue the case highlights a persistent failure in Mississippi courts to protect the rights of Black citizens, both as defendants and as prospective jurors. Three Black jurors excluded from Pitchford’s trial have filed briefs in support of his petition, asserting that their own constitutional rights were violated when they were barred from serving.
The Mississippi Legislative Black Caucus also filed a brief, condemning what it described as a pattern of state courts refusing to enforce equal protection in jury service for Black residents. The caucus characterized jury participation as a fundamental aspect of democracy and said the exclusion of Black jurors corrodes public trust in the justice system.
Support has also come from a coalition of current and former prosecutors and judges, including Dallas County District Attorney John Creuzot. Reflecting on his own jurisdiction’s history, Creuzot stated, “The Supreme Court has noted that in the 1960s and 1970s, this office used a training manual on jury selection instructing prosecutors to exclude ‘Jews, Negroes, Dagos, Mexicans or a member of any minority race on a jury, no matter how rich or how well educated.’ Fortunately, in 1986, the Supreme Court case of Batson v. Kentucky established a procedure to root out such odious discrimination. Today, it is vital for the prosecutors, state courts, and federal courts to safeguard the Equal Protection rights of the criminal defendant and the citizenry presenting themselves for jury service to be free from racial discrimination.”
For Pitchford’s defense team, the case represents not just an individual fight for justice but a test of the judiciary’s willingness to enforce its own precedents. His attorney, Joe Perkovich, criticized the Fifth Circuit’s ruling and said the Court should intervene. “The Fifth Circuit’s studied avoidance of this prosecutor’s garish record of discrimination calls for review. The Mississippi federal district court was right to order a new trial, and the Supreme Court should act now for the integrity of the Nation’s courts,” he said.
The broader legal context underscores why this case is drawing national attention. Since Batson v. Kentucky in 1986, the Supreme Court has recognized that peremptory strikes used for racial reasons violate the Equal Protection Clause. Yet critics argue that enforcement has been inconsistent, with trial judges often deferring to prosecutors’ explanations and appellate courts reluctant to intervene.
In Miller-El v. Dretke, the Court overruled the Fifth Circuit for failing to recognize racial bias in jury selection, citing evidence that prosecutors had followed discriminatory practices. Advocates for Pitchford argue that his case presents a similar situation, where evidence of bias was ignored and a constitutional violation was left unremedied.
The implications of the Court’s decision on whether to grant review could reach far beyond Mississippi. A ruling in Pitchford’s favor could reinforce protections for defendants nationwide, reaffirming that federal courts have a duty to step in when state courts fail to prevent racial discrimination. Conversely, if the Court declines to hear the case, it may signal that the Fifth Circuit’s narrower interpretation of Batson challenges will stand, potentially weakening enforcement of equal protection in jury selection.
The Court has been increasingly divided on issues related to race and the death penalty, and its decision in Pitchford v. Cain will test whether a majority is willing to confront the persistence of racial bias in jury selection. For communities in Mississippi and beyond, the case has come to symbolize both the enduring problem of racial exclusion in the criminal legal system and the question of whether courts will act to address it.
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