Pitchford v. Cain · ¶48

Turn next to § 2254(d)(2). The Court concludes that the Mississippi Supreme Court's waiver holding rests on an “unreasonable” reading of the trial record. Ante, at 399. After all, the Court observes, Mr. Pitchford didn't entirely forgo a comparative juror argument in the trial court; his motion for a new trial included a line devoted to just that topic. Ante, at 400; 1 App. 184. But be that as it may, the Court does not (and cannot) explain how it was unreasonable for the Mississippi Supreme Court to determine that Mr. Pitchford waived a Batson argument he never made during jury selection and introduced for the first time only in a single sentence in a post-trial motion.

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