06/01/2026
In May 2026, the U.S. Supreme Court issued decisions regarding two key types of claims that often appear in capital cases: jury discrimination and intellectual disability. A bipartisan group of conservative and liberal justices carried each decision. The Court ruled in favor of Mississippi prisoner Terry Pitchford, allowing his jury discrimination claim to proceed; the Court separately dismissed an Alabama case as improvidently granted, which preserves a lower court finding that Joseph Clifton Smith has intellectual disability and cannot be executed. At the same time, however, the Court vacated a lower court stay and allowed the execution of Edward Busby to proceed in Texas despite expert findings that he too had intellectual disability — drawing a searing dissent from several justices.
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In May 2026, the U.S. Supreme Court issued decisions regarding two key types of claims that often appear in capital cases: jury discrimination...