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In 1996, someone murdered four people in a furniture store in a small town in Mississippi. A year later, Curtis Flowers was convicted of the crime, but the verdict was overturned based on prosecutorial misconduct. The state tried Mr. Flowers again, resulting in another appeal, and yet another reversal. In all, the state would try Flowers six times, with the last conviction making its way to the Supreme Court. While the majority ruled that the state had systematically excluded jurors based on the race, Justice Thomas wrote in dissent that prosecutors should be able to exclude whomever they want, for whatever reason they choose.
Thanks to our guests Sheri Lynn Johnson and Stephen Bright. And thanks to Benjamin Sachrison for research assistance.
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