Pitchford v. Cain · ¶49

Perhaps sensing the problem, the Court ultimately rests its § 2254(d)(2) analysis on a different ground. Citing the exchange that took place at the end of jury selection, the Court says that the state trial court “explicitly assured” defense counsel that the “Batson objection was preserved.” Ante, at 399. And this assurance, the Court reasons, must mean that Mr. Pitchford adequately preserved the step three comparative juror argument he sought to make before the Mississippi Supreme Court.

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