In a 7-1 opinion issued this week, the Supreme Court granted a new trial for an African-American death row inmate convicted by an all-white jury because the prosecution had “unconstitutionally rejected jurors from Foster's trial based on their race.” Stephen Bright, Foster’s attorney, said "this discrimination became apparent only because we obtained the prosecution's notes which revealed their intent to discriminate. Usually that does not happen. The practice of discriminating in striking juries continues in courtrooms across the country. Usually courts ignore patterns of race discrimination and accept false reasons for the strikes. Even after the undeniable evidence of discrimination was presented in this case, the Georgia courts ignored it and upheld Foster's conviction and death sentence."
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