Supreme Court of the United States

“ Juror number six also agreed that he opposed interracial marriage but that he tried to keep those feelings to himself. During juror number six’s individual voir dire, the juror explained that state and federal criminal laws “are too lenient” and that “the judges’ and everybody’s hands are tied” with “the laws we have on the books.” Record 1130. Neither defense counsel nor the State asked juror number six about his views on interracial marriage or biracial children, his views on race generally, or whether those views could have an impact on his deliberations at the guilt and penalty phases. ”

“ In Judge Higginson’s view, “clearly established Supreme Court law ... forbid [s] persons from being privileged to participate in the judicial process to make life or death judgment about brutal murders involving interracial marriage and offspring those jurors openly confirm they have racial bias against.” Ibid. Because Judge Higginson would have reversed on the basis of Thomas’ juror bias claim, he did not reach the question whether Thomas’ counsel rendered deficient performance. ”

“ These concerns are even greater in capital cases involving interracial violence. See Turner, 476 U. S., at 37. [5] As the Fifth Circuit has held, these (and other) precedents clearly establish that a defendant suffers prejudice when trial counsel fails to challenge biased jurors. See Virgil v. Dretke, 446 F. 3d 598, 613–614 (2006) .
Thomas’ offense involved not only interracial violence, but also interracial intimacy. Historians have long recognized that interracial marriage, sex, and procreation evoke some of the most invidious forms of prejudice and violence. ”

“ I do not address the fair trial claim, however, because Thomas is entitled to relief on his ineffective-assistance-of-counsel claim, which all agree is properly before this Court. ↑ For instance, defense counsel could have posed something like the following question: “Thank you for your honest response to the question about your feelings toward interracial marriage. Many people have strong feelings on the matter. For some people it can be hard to put those feelings aside in judging evidence for a verdict, or especially in determining an appropriate punishment. ”