The U.S. Court of Appeals for the Fifth Circuit overturned a Texas defendant’s conviction and death sentence because of racial bias by the prosecution in jury selection. Jonathan Reed, the defendant, had been convicted in 1979 of murder during a trial at which all five of the eligible African-American potential jurors were removed by the prosecution. The Fifth Circuit, which has upheld many death sentences from the state with the most executions in the country, based its ruling on the U.S. Supreme Court’s holding in Miller-El v. Dretke (2005), which it found to have “virtually identical facts” regarding the way the jury was selected.

In conclusion, the court said, “In sum, a careful examination of the record reveals that the State’s asserted reasons for striking prospective black jurors … were mere pretexts for discrimination… . [T]he comparative analysis demonstrates what was really going on: the prosecution used its peremptory challenges to ensure that African-Americans would not serve on Reed’s jury.” The court also noted the same historical evidence of racial bias in the Dallas County District Attorney’s Office as was found in Miller-El.

The court said it was reluctant to grant a new trial in a case that was already 30 years old, but held that justice required the reversal: “Although we do not relish adding a new chapter to this unfortunate story more than thirty years after the crime took place, we conclude that the Constitution affords Reed a right to relief.”

(Reed v. Quarterman, No. 05-70046 (5th Cir. Jan. 12, 2009). See Race and Supreme Court.