Page:Thomas v. Lumpkin (Supreme Court).pdf/5

Rh party inquire as to whether the juror’s views on those topics could affect her deliberations or her decision whether to impose the death penalty. Again, although defense counsel had peremptory strikes available, counsel did not exercise one or seek to strike juror number five for cause.

Third, juror number six responded to the written questionnaire by reporting that he agreed that interracial marriage “[s]hould not [b]e,” explaining: “I think we should stay with our Blood Line.” Id., at 395a. Juror number six also agreed that he opposed interracial marriage but that he tried to keep those feelings to himself. During juror number six’s individual voir dire, the juror explained that state and federal criminal laws “are too lenient” and that “the judges’ and everybody’s hands are tied” with “the laws we have on the books.” Record 1130. Neither defense counsel nor the State asked juror number six about his views on interracial marriage or biracial children, his views on race generally, or whether those views could have an impact on his deliberations at the guilt and penalty phases. Defense counsel once again had peremptory challenges available but did not use them or request that the court strike the juror for cause.

All three jurors were seated on the all-white jury. A fourth juror was seated as an alternate juror. She affirmed that she “oppose[d] people of different racial backgrounds marrying and/or having children,” and added: “As I stated before I try not to judge what other people do. I oppose gay marriage but a man and woman have the right to choose.” App. to Pet. for Cert. 397a–398a. During the alternate juror’s voir dire, neither Thomas’ counsel nor the State followed up about these answers, nor did counsel exercise any available peremptory strikes or move to strike the juror for cause. The juror was seated as the first alternate. Defense council concluded voir dire with unused peremptory challenges.

After the trial concluded, the court excused the alternate jurors. The remaining jurors ultimately convicted Thomas.