Criminal Law

CAC Release: Supreme Court Considers Availability of Habeas Relief in Mississippi Jury Race-Discrimination Case

WASHINGTON, DC – Following oral argument at the Supreme Court this morning in Pitchford v. Cain, a case in which the Court is considering whether, under federal habeas law, the Mississippi Supreme Court unreasonably held that a criminal defendant waived his right to challenge racial bias in his jury selection, Constitutional Accountability Center Appellate Counsel Joshua Blecher-Cohen issued the following reaction:

The Antiterrorism and Effective Death Penalty Act (AEDPA) provides a pathway to habeas relief when a state court’s decision rests on an unreasonable factual determination. The existence of that pathway is deliberate: under AEDPA, federal courts play a critical statutory role in reviewing state-court convictions for certain errors.

At oral argument this morning, several Justices read directly from the state trial-court transcript. As that transcript confirms, Pitchford’s counsel sought multiple times to preserve a constitutional objection to the prosecutor’s striking of Black potential jurors. Because the Mississippi Supreme Court’s decision to the contrary was factually unreasonable, AEDPA offers a pathway for relief.

More from Criminal Law

Criminal Law
U.S. Court of Appeals for the Fourth Circuit

Hayat v. Diaz

In Hayat v. Diaz, the United States Court of Appeals for the Fourth Circuit is considering whether police officers may forcibly enter homes without a warrant based only on “reasonable suspicion” of a crime.
Criminal Law
U.S. Supreme Court

Anibowei v. Blanche

In Anibowei v. Blanche, the Supreme Court is being asked to consider whether the Fourth Amendment permits law enforcement officers—without a warrant, probable cause, or even reasonable suspicion of illegal activity—to search the contents of...
Criminal Law
U.S. Supreme Court

Kian v. State of Florida

In Kian v. State of Florida, the Supreme Court is considering whether the Sixth Amendment requires a jury to have at least twelve members.
Criminal Law
June 29, 2026

CAC Release: In Important Victory for Digital Privacy, Supreme Court Holds that Even Short-Term Police Monitoring of Cell-Phone Location Information Is Regulated by the Fourth Amendment

WASHINGTON, DC – Following today’s decision at the Supreme Court in Chatrie v. United States,...
By: Brian R. Frazelle
Criminal Law
May 28, 2026

CAC Release: Supreme Court Recognizes Clear Pathway to Habeas Relief in Mississippi Jury Race-Discrimination Case

WASHINGTON, DC – Following today’s decision at the Supreme Court in Pitchford v. Cain, a...
Criminal Law
May 28, 2026

CAC Release: Supreme Court Majority Rules that Judges Cannot Consider Changing Views of Crime when Reducing Sentences

WASHINGTON, DC – Following the Supreme Court’s decision this morning in Rutherford v. United States...