This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Petitioner, Curtis Giovanni Flowers alleges that Doug Evans used peremptory challenges to exclude African American jurors in multiple trials, raising a Batson claim.
Background and question before the Court
In the first four trials, 36 peremptory challenges were used against African American jurors, and in the sixth trial, five of six challenges targeted African American jurors.
Petitioner argues that this pattern reflects an unconstitutional intent to minimize African American jurors, implicating the Batson prohibition on race‑based peremptory strikes.
MS. JOHNSON noted that in prior cases such as Swain, Arlington Heights, and Miller‑El, history was considered relevant to Batson analysis.
What each side argues
Petitioner (Curtis Giovanni Flowers)
Petitioner contends that Doug Evans deliberately used peremptory challenges to exclude African American jurors, violating Batson.
Respondent (Mississippi)
According to MR. DAVIS, respondent, through counsel MR. DAVIS, asserts that the Mississippi Supreme Court’s decision aligns with Batson precedent and its progeny.
What happened at oral argument
Oral argument began at 10:16 a.m. before the Supreme Court.
Justice Ginsburg asked whether the number of questions posed to African American potential juror Wright differed from other jurors.
Justice Kagan expressed confusion about the claim that there were three adjudicated Batson violations.
Justice Sotomayor asked whether the same judge presided over the fifth and sixth trials.
Justice Kavanaugh asked whether Batson concerns the community’s confidence and the fairness of the criminal justice system.
According to Justice Sotomayor, justice Sotomayor noted that after certain points, every available Black juror was struck from the panel.
- [1] 8dabd70c293ecca1af25-r1-6a47be7964533f80.pdf, p. 2
- [2] 8dabd70c293ecca1af25-r1-6a47be7964533f80.pdf, p. 27
- [3] 8dabd70c293ecca1af25-r1-6a47be7964533f80.pdf, p. 47
- [4] 8dabd70c293ecca1af25-r1-6a47be7964533f80.pdf, p. 49
- [5] 8dabd70c293ecca1af25-r1-6a47be7964533f80.pdf, p. 55
- [6] 8dabd70c293ecca1af25-r1-6a47be7964533f80.pdf, p. 59
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 8dabd70c293ecca1af25-r1-6a47be7964533f80.pdforal argument transcript
Guide generated September 26, 2026. Automated validation accepted this version.