Pitchford v. Cain · ¶38

After that exchange, the case proceeded to trial and, in the end, the jury returned a guilty verdict. Seeking to undo that verdict later, Mr. Pitchford fled a motion for a new trial based in part on his statistical Batson argument. 1 App. 179, 184, 186. But for the first time, he also briefy introduced a new comparative juror argument, asserting in one sentence that the prosecution had improperly “deselected black people from the jury panel who had the same familial, living, social or marital circumstances as whites who were not deselected.” Id., at 184.

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