Justice Thomas breaks three-year bench silence in Supreme Court death penalty case

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Justice Thomas breaks three-year bench silence in Supreme Court death penalty case
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Supreme Court appears likely to rule in favor of a death row inmate who said state prosecutor repeatedly kicked black people off the jury each time he was tried, in a case that prompted Justice Thomas to break a 3-year silence on the bench.

Get breaking news alerts and special reports. The news and stories that matter, delivered weekday mornings.WASHINGTON — The U.S. Supreme Court appeared likely Wednesday to rule in favor of a Mississippi death row inmate who said the state prosecutor repeatedly kicked black people off the jury each time he was tried for the same murders, in a case that prompted Justice Clarence Thomas to break a three-year silence on the bench.

But in two others, the state courts found that the prosecutor in the case, Doug Evans, wrongly excluded potential jurors on the basis of their race. In the case before the Supreme Court ON Wednesday, Flowers again accused the prosecutor of impermissibly removing blacks from the jury.

Three decades ago, the Supreme Court said prosecutors cannot use those strikes to remove jurors solely because of their race. In rulings since then, the court has explained how judges are to evaluate whether race was an improper factor in jury selection. Justice Elena Kagan said the record also showed that Evans asked many more questions of potential black jurors than he did of whites."The numbers themselves are staggering," she said.

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