...In requiring prosecutors to give a “race-neutral” reason for excluding black jurors, the court wrote that racial discrimination in jury selection “harms not only the accused whose life or liberty they are summoned to try,” but undermines “public confidence in the fairness of our system of justice.”
Mr. Foster was convicted by an all-white jury and sentenced to death. For nearly three decades since, state prosecutors have denied that race was a factor in their decision to strike all the black jurors from his trial. They have also steadfastly refused to turn over their jury-selection notes to defense lawyers.
Today, the Supreme Court will hear oral arguments in the case, Foster v. Chatman, to decide whether the prosecutors are telling the truth. The Georgia courts have all ruled in the state’s favor. But now those jury-selection notes are at the center of the case. Almost 20 years after Mr. Foster’s conviction, his lawyers finally got hold of them through the state’s open-records law.