The court's three liberal justices dissented from the court's order turning away the appeal from inmate Andre Thomas.
"No jury deciding whether to recommend a death sentence should be tainted by potential racial biases that could infect its deliberations or decision, particularly where the case involved an interracial crime," Justice Sonia Sotomayor wrote. Justices Elena Kagan and Ketanji Brown Jackson joined Sotomayor's opinion.
Thomas' trial lawyer did not seek to prevent the three people from serving on the jury, and didn't even question two of the three about their views, Sotomayor wrote. One juror said he could be fair in spite of his views.Sotomayor wrote that Thomas' conviction and death sentence should be overturned. Courts had earlier rejected appeals from Thomas' lawyers that Thomas should not be executed because he is mentally ill.
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