Supreme Court set for case on racial bias in jury selection

Law Firm News

Curtis Flowers has been jailed in Mississippi for 22 years, even as prosecutors couldn't get a murder conviction against him to stick through five trials.

Three convictions were tossed out, and two other juries couldn't reach unanimous verdicts.

This week, the Supreme Court will consider whether his conviction and death sentence in a sixth trial should stand or be overturned for a familiar reason: because prosecutors improperly kept African-Americans off the jury.

The justices on Wednesday will examine whether District Attorney Doug Evans' history of excluding black jurors should figure in determining if Evans again crossed a line when he struck five African-Americans from the jury that most recently convicted Flowers of killing four people.

In overturning Flowers' third conviction, the Mississippi Supreme Court called Evans' exclusion of 15 black prospective jurors "as strong a prima facie case of racial discrimination as we have seen" in challenges to jury composition. This time around, though, the state's high court has twice rejected Flowers' claims, even after being ordered by the U.S. Supreme Court to take another look.

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