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Pitchford v. Cain

Docket No. Op. BelowArgument Opinion Vote Author Term
24-7351 5th Cir. Mar 31, 2026 TBD TBD TBD OT 2025

Issues: Whether, under the standards set forth in the Antiterrorism and Effective Death Penalty Act of 1996, 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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/18/2025Application (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.
04/23/2025Application (24A1022) granted by Justice Alito extending the time to file until May 28, 2025.
05/28/2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 3, 2025)
06/16/2025Motion to extend the time to file a response from July 3, 2025 to August 4, 2025, submitted to The Clerk.
06/18/2025Motion to extend the time to file a response is granted and the time is extended to and including August 4, 2025.
07/03/2025Brief amici curiae of Linda Lee, et al. filed.
07/03/2025Brief amici curiae of Current and Former Elected Prosecutors, et al. filed.
07/03/2025Brief amicus curiae of Mississippi Legislative Black Caucus filed.
08/01/2025Brief of respondent Burl Cain, Commissioner, Mississippi Department of Corrections, et al. in opposition filed.
08/15/2025Reply of petitioner Terry Pitchford filed.
08/21/2025DISTRIBUTED for Conference of 9/29/2025.
10/06/2025DISTRIBUTED for Conference of 10/10/2025.
10/14/2025DISTRIBUTED for Conference of 10/17/2025.
11/03/2025DISTRIBUTED for Conference of 11/7/2025.
11/10/2025DISTRIBUTED for Conference of 11/14/2025.
11/17/2025DISTRIBUTED for Conference of 11/21/2025.
12/01/2025DISTRIBUTED for Conference of 12/5/2025.
12/08/2025DISTRIBUTED for Conference of 12/12/2025.
12/15/2025Motion 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.
01/28/2026Brief of petitioner Terry Pitchford filed.
01/28/2026Joint appendix Volumes 1, 2, 3 and 4 filed. (Statement of costs filed)
01/30/2026SET FOR ARGUMENT on Tuesday, March 31, 2026.
02/04/2026Brief amici curiae of Constitutional Accountability Center, et al. filed.
02/04/2026Brief amicus curiae of Mississippi Legislative Black Caucus filed.
02/04/2026Brief amici curiae of American Civil Liberties Union Foundation, et al. filed.
02/04/2026Brief amici curiae of Linda Lee, et al. filed.
02/04/2026Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.
02/04/2026Brief amici curiae of Fair and Just Prosecution, et al. filed.
02/04/2026Brief amici curiae of Habeas Corpus Scholars filed.
02/10/2026Record requested from the United States Court of Appeals for the Fifth Circuit.
02/13/2026Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.
02/23/2026Sealed 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.
02/25/2026CIRCULATED
02/27/2026Brief of respondents Cain, Comm'r, MS DOC, et al. filed. (Distributed)
02/27/2026Motion for Appointment of Counsel Pursuant to Rule 39 of Terry Pitchford submitted.