Pitchford v. Cain · ¶13

In the trial court, Pitchford then fled a motion for a new trial that raised numerous issues, including Batson. As relevant here, Pitchford advanced the argument that he was prevented from making during jury selection—that the prosecutor's stated reasons for the peremptory challenges were pretextual because the prosecutor “deselected black people from the jury panel who had the same familial, living, social or marital circumstances as whites who were not deselected, which is a clear violation of Batson and Miller-El.” 1 App. 184. The trial court summarily denied Pitchford's motion.

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