Pitchford v. Cain · ¶35

In this case, Mr. Pitchford made his prima facie case based on a statistical argument. The prosecution, he noted, had refrained from striking only “one African-American juror out of the five that ha[d] thus far . . . arisen on the venire.” 1 App. 167. And, Mr. Pitchford continued, “this is already a disproportiona[tely] white jury [pool] for the population of this county.” Id., at 167–168.

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