Court tosses black man's murder conviction over racial bias

Legal Business 2019/06/21 11:01   Bookmark and Share
Justice Brett Kavanaugh wrote the court's majority opinion. Justices Clarence Thomas and Neil Gorsuch dissented.

In Flowers' sixth trial, the jury was made up of 11 whites and one African American. District Attorney Doug Evans struck five black prospective jurors.

In the earlier trials, three convictions were tossed out, including one when the prosecutor improperly excluded African Americans from the jury. In the second trial, the judge chided Evans for striking a juror based on race. Two other trials ended when jurors couldn't reach unanimous verdicts.

"The numbers speak loudly," Kavanaugh said in a summary of his opinion that he read in the courtroom, noting that Evans had removed 41 of the 42 prospective black jurors over the six trials. "We cannot ignore that history."

In dissent, Thomas called Kavanaugh's opinion "manifestly incorrect" and wrote that Flowers presented no evidence whatsoever of purposeful race discrimination."

Flowers has been in jail more than 22 years, since his arrest after four people were found shot to death in a furniture store in Winona, Mississippi, in July 1996.

Flowers was arrested several months later, described by prosecutors as a disgruntled former employee who sought revenge against the store's owner because she fired him
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Census, redistricting top remaining Supreme Court cases

Legal Insight 2019/06/21 10:59   Bookmark and Share
The Supreme Court enters its final week of decisions with two politically charged issues unresolved, whether to rein in political line-drawing for partisan gain and allow a citizenship question on the 2020 census.

Both decisions could affect the distribution of political power for the next decade, and both also may test Chief Justice John Roberts’ professed desire to keep his court of five conservatives appointed by Republican presidents and four liberals appointed by Democrats from looking like the other, elected branches of government. Decisions that break along the court’s political and ideological divide are more likely to generate criticism of the court as yet another political institution.

In addition, the justices could say as early as Monday whether they will add to their election-year calendar a test of President Donald Trump’s effort to end an Obama-era program that shields young immigrants from deportation. The court’s new term begins in October.

Twelve cases that were argued between November and April remain to be decided. They include disputes over: a trademark sought by the FUCT clothing line, control of a large swatch of eastern Oklahoma that once belonged to Indian tribes and when courts should defer to decisions made by executive branch agencies.

But the biggest cases by far involve the citizenship question the Trump administration wants to add to the census and two cases in which lower courts found that Republicans in North Carolina and Democrats in Maryland went too far in drawing congressional districts to benefit their party at the expense of the other party’s voters.

The Supreme Court has never invalidated districts on partisan grounds, but the court has kept the door open to these claims. The court has struck down districts predominantly based on race.
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