Pitchford v. Cain · ¶23

Notably, moreover, the Mississippi trial court explicitly assured Pitchford's counsel that the Batson objection was preserved. When Pitchford's counsel attempted to raise Bat- son again after the prosecutor's race-neutral explanations for the four peremptory strikes of black jurors, the trial court responded: “I think you already made those, and they are clear in the record.” 1 App. 175. Especially in light of that specific assurance by the trial court, it was unreasonable for the Mississippi Supreme Court to conclude that Pitchford waived the Batson argument.

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