This is pretty stupid work:
The case, Foster v. Chatman, arose from the 1987 trial of Timothy T. Foster, an African-American facing the death penalty for killing Queen Madge White, an elderly white woman, when he was 18.
In notes that did not surface until decades later, prosecutors marked the names of black prospective jurors with a B and highlighted those names in green. They circled the word “black” where potential jurors had noted their race on questionnaires.
They ranked the black prospective jurors in case “it comes down to having to pick one of the black jurors,” as the prosecution’s investigator put it in a draft affidavit at the time. In the end, prosecutors struck all four black potential jurors.
Chief Justice John G. Roberts Jr., writing for the majority, said the prosecutors had violated a 1986 decision, Batson v. Kentucky, in which the Supreme Court ruled that race discrimination in jury selection was unconstitutional and required lawyers accused of it to provide a nondiscriminatory explanation.
Lanier had offered a list of 11 reasons for striking Garrett, including that she was too young.
“Yet Garrett was 34,” Roberts wrote, “and the state declined to strike eight white prospective jurors under the age of 36. Two of those white jurors served on the jury; one of those two was only 21 years old.”
Lanier also said Garrett was unfit to serve because she was divorced. But, the chief justice wrote, Lanier “declined to strike three out of the four prospective white jurors who were also divorced.”
Lanier gave eight reasons for striking a second prospective juror, Hood, including that his son was the same age as the defendant and had been convicted of a crime that was, he said, “basically the same thing that this defendant is charged with.”
Roberts called this “nonsense.”
“Hood’s son had received a 12-month suspended sentence for stealing hubcaps from a car in a mall parking lot five years earlier,” he wrote. “Foster was charged with capital murder of a 79-year-old widow after a brutal sexual assault.”
Still, Georgia courts had consistently rejected Foster’s claims of discrimination, even after his lawyers obtained prosecutors’ notes that revealed their focus on the black people in the jury pool. In one example, a handwritten note headed “Definite No’s” listed six people, of whom five were the remaining black prospective jurors.
The sixth person on the list was a white woman who made clear she would never impose the death penalty, according to Bright. And yet even that woman ranked behind the black jurors, he said.