Pitchford v. Cain · ¶54

In response to all this, the Court insists that “defense counsel typically” make a step three comparative juror argument before the trial court. Ante, at 400, n. 3. Perhaps that is right. But the Court points to nothing in the record showing that Mr. Pitchford's counsel made such an argument in this case. The Court reasserts, too, its “fundamental point” that, even if Mr. Pitchford's counsel failed to present a step three comparative juror argument, it was only because the trial court “prevented” them from doing so. Ante, at 400, n. 3. But the Court's repetition of its point serves only to highlight its failure to cite anything in the record supporting, much less compelling, its conclusion. See Rice, 546 U. S., at 341.

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