Pitchford v. Cain
Issue
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.
Apr 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.
Apr 23, 2025Application (24A1022) granted by Justice Alito extending the time to file until May 28, 2025.
May 28, 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 3, 2025)Jun 16, 2025Motion to extend the time to file a response from July 3, 2025 to August 4, 2025, submitted to The Clerk.Jun 18, 2025Motion to extend the time to file a response is granted and the time is extended to and including August 4, 2025.
Jul 3, 2025Brief amici curiae of Linda Lee, et al. filed.Jul 3, 2025Brief amici curiae of Current and Former Elected Prosecutors, et al. filed.Jul 3, 2025Brief amicus curiae of Mississippi Legislative Black Caucus filed.Aug 1, 2025Brief of respondent Burl Cain, Commissioner, Mississippi Department of Corrections, et al. in opposition filed.Aug 15, 2025Reply of petitioner Terry Pitchford filed.Aug 21, 2025DISTRIBUTED for Conference of 9/29/2025.
Oct 6, 2025DISTRIBUTED for Conference of 10/10/2025.
Oct 14, 2025DISTRIBUTED for Conference of 10/17/2025.
Nov 3, 2025DISTRIBUTED for Conference of 11/7/2025.
Nov 10, 2025DISTRIBUTED for Conference of 11/14/2025.
Nov 17, 2025DISTRIBUTED for Conference of 11/21/2025.
Dec 1, 2025DISTRIBUTED for Conference of 12/5/2025.
Dec 8, 2025DISTRIBUTED for Conference of 12/12/2025.
Dec 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.
Jan 28, 2026Brief of petitioner Terry Pitchford filed.Jan 28, 2026Joint appendix Volumes 1, 2, 3 and 4 filed. (Statement of costs filed)Jan 30, 2026SET FOR ARGUMENT on Tuesday, March 31, 2026.
Feb 4, 2026Brief amici curiae of Constitutional Accountability Center, et al. filed.Feb 4, 2026Brief amicus curiae of Mississippi Legislative Black Caucus filed.Feb 4, 2026Brief amici curiae of American Civil Liberties Union Foundation, et al. filed.Feb 4, 2026Brief amici curiae of Linda Lee, et al. filed.Feb 4, 2026Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed.Feb 4, 2026Brief amici curiae of Fair and Just Prosecution, et al. filed.Feb 4, 2026Brief amici curiae of Habeas Corpus Scholars filed.Feb 10, 2026Record requested from the United States Court of Appeals for the Fifth Circuit.
Feb 13, 2026Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.
Feb 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.
Feb 25, 2026CIRCULATED
Feb 27, 2026Brief of respondents Cain, Comm'r, MS DOC, et al. filed. (Distributed)Feb 27, 2026Motion to appoint counsel filed by petitioner Terry Pitchford.Mar 6, 2026Brief amicus curiae of United States of America filed. (Distributed)Mar 6, 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Mar 6, 2026Amicus brief of State of Alabama and 19 Other States not accepted for filing. (March 12, 2026 - To be corrected.)
Mar 6, 2026Brief amici curiae of State of Alabama and 19 Other States filed. (Corrected - March 20, 2026). (Distributed)Mar 11, 2026Motion to appoint counsel DISTRIBUTED for Conference of 3/27/2026.
Mar 17, 2026Reply of petitioner Terry Pitchford filed. (Distributed)Mar 20, 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 30, 2026Motion to appoint counsel filed by petitioner GRANTED.
Mar 31, 2026Argued. For petitioner: Joseph J. Perkovich, New York, N. Y. (Appointed by this Court.) For respondents: Scott G. Stewart, Solicitor General, Jackson, Miss.; and Emily M. Ferguson, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Recommended Citation: Pitchford v. Cain, SCOTUSblog, https://www.scotusblog.com/cases/pitchford-v-cain/