Supreme Court overturns conviction of man tried six times for murder, citing racism

[GMDino]

Crikey!

https://www.usatoday.com/story/news/politics/2019/06/21/supreme-court-rules-curtis-flowers-mississippi-death-penalty-case/1120908001/

Quote:The Supreme Court ruled Friday that a Mississippi prisoner tried six times for murder deserves a seventh chance because of a prosecutor's discrimination.



The decision in favor of death-row inmate Curtis Flowers reflected a consensus among both liberal and conservative justices that potential jurors cannot be struck based on their race.


That's what district attorney Doug Evans allegedly did in each of Flowers' six trials dating back two decades, the prisoner's lawyers argued. Evans eliminated 41 of 43 potential black jurors for whom he was allowed to issue peremptory strikes.


Associate Justice Brett Kavanaugh wrote the 7-2 opinion and was joined by the court's four liberals as well as Chief Justice John Roberts and 
Associate Justice Samuel Alito. Associate Justices Clarence Thomas and Neil Gorsuch dissented.


"The state's pattern of striking black prospective jurors persisted from Flowers' first trial through Flowers' sixth trial," Kavanaugh wrote. 
Prosecutors also questioned black and white jurors differently and, in the most recent trial, "struck at least one black prospective juror who was similarly situated to white jurors," he said.


SCOTUS: The Supreme Court's top cases of 2019

Curtis Flowers, who has been tried six times for quadruple murder in Mississippi, got a hearing before the U.S. Supreme Court Wednesday. (Photo: AP)

Thomas retorted: "If the court's opinion today has a redeeming quality, it is this: The state is perfectly free to convict Curtis Flowers again. Otherwise, the opinion distorts our legal standards, ignores the record, and reflects utter disrespect for the careful analysis of the Mississippi courts."


Flowers, 49, has been incarcerated since the 1996 execution-style murders of four furniture store employees in Winona, Miss. Three guilty verdicts were later reversed because of prosecutorial misconduct. Two other trials resulted in hung juries. 

The Supreme Court's task was to decide whether Flowers' sixth trial in 2010 should be tossed out based on discrimination in jury selection. The high court ruled in 1986 that excluding someone from a jury because of race or gender is unconstitutional.


During oral argument in March, most of the justices seemed convinced that Evans' history of refusing to seat African American jurors made the case particularly troubling.


Alito noted its "unusual and really disturbing history." Associate Justice Elena Kagan cited a "staggering" difference in the number of questions posed to black and white potential jurors. Associate Justice Sonia Sotomayor said prosecutorial misconduct and improper jury selection tactics showed Evans' "passion for this case."

District Attorney Doug Evans, here during Curtis Flowers' sixth murder trial in 2010, was accused of striking potential African American jurors based on their race. (Photo: Taylor Kuykendall, AP)

So one-sided was much of the questioning that it fell to Thomas, who rarely speaks in court, to note that Flowers' attorneys in the 2010 trial used their side's peremptory strikes only against potential white jurors.


In his dissent, Thomas said "any competent prosecutor would have exercised the same strikes as the state did in this trial." He added, "Although the court's opinion might boost its self-esteem, it also needlessly prolongs the suffering of four victims' families."

Flowers was first found guilty in 1997 and sentenced to die. Three years later, the Mississippi Supreme Court threw out the conviction, leading to the decades-long legal saga.

I saw something about this case the other day and I think it said that this would set a record for times prosecuted (seven) for the same case but I don't know if it is just for murder or in general.

[CKwi88]

(06-21-2019, 12:11 PM)GMDino Wrote: Crikey!

https://www.usatoday.com/story/news/politics/2019/06/21/supreme-court-rules-curtis-flowers-mississippi-death-penalty-case/1120908001/



I saw something about this case the other day and I think it said that this would set a record for times prosecuted (seven) for the same case but I don't know if it is just for murder or in general.

You'd think after 6 times it would be time for a new prosecutor, rather than a new jury.

[fredtoast]

If the SCOTUS is going to rule like this then they just need to eliminate peremptory challenges. 



Peremptory challenges allow an attorney to dismiss a potential juror without stating cause.  

[fredtoast]

Thomas said "Although the court's opinion might boost its self-esteem, it also needlessly prolongs the suffering of four victims' families."

Thomas needs to suck an ass for this comment. How is it "needless" to prevent an innocent man being executed? Two of the previous trials ended with a hung jury. It obviously is not a slam dunk that he is guilty.

[Mike M (the other one)]

No need for him to be on Death Row,
The evidence against him is good, but not solid enough to warrant the Death Penalty.

His Uncle's gun was reported stolen and matches the type of gun used, so I feel he did it, but sadly they can't find the gun, but they did find Gunpowder residue on his hands. The stupid prosecutor is effing it all up and now a person that is likely guilty will get to go free.

[Benton]

(06-21-2019, 12:20 PM)CKwi88 Wrote: You'd think after 6 times it would be time for a new prosecutor, rather than a new jury.

Why? Think of the time saving to taxpayers. There's 0 prep work for him. Maybe update the notes a little, make a new pie chart.

[Benton]

(06-21-2019, 12:47 PM)fredtoast Wrote: If the SCOTUS is going to rule like this then they just need to eliminate peremptory challenges. 



Peremptory challenges allow an attorney to dismiss a potential juror with stating cause.  

I thought they were for doing it without stating cause?

(06-21-2019, 01:15 PM)Mike M (the other one) Wrote: No need for him to be on Death Row,
The evidence against him is good, but not solid enough to warrant the Death Penalty.

His Uncle's gun was reported stolen and matches the type of gun used, so I feel he did it, but sadly they can't find the gun, but they did find Gunpowder residue on his hands. The stupid prosecutor is effing it all up and now a person that is likely guilty will get to go free.

Eh, I dunno. The guy was fired a couple weeks before and there's the stolen gun... but that doesn't seem to be a lot to prove it beyond a reasonable doubt. Seems like lazy police/prosecution work.

[fredtoast]

(06-21-2019, 03:03 PM)Benton Wrote: I thought they were for doing it without stating cause?

Typo corrected.

Thanks.