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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.