No. 25A718

Tony Terrell Clark v. Mississippi

Lower Court: Mississippi
Docketed: 2025-12-18
Status: Application
Type: A
Tags: batson-challenge constitutional-review ineffective-assistance jury-selection racial-discrimination strickland-standard
Key Terms:
HabeasCorpus
Latest Conference: N/A
Question Presented (from Petition)

(1) whether the Mississippi Supreme Court may set an impossible standard in post-conviction review of an ineffective Batson v. Kentucky, 476 U.S. 79 (1986) challenge to meet the test for prejudice as set forth in Strickland v. Washington, 466 U.S. 668, 687-88 (1984); and (2) whether the Mississippi Supreme Court may may refuse to consider on post-conviction, new evidence and arguments that rebut the prosecutor's asserted race-neutral reasons for exercising peremptory strikes against Black jurors that were not presented to the trial court.

Question Presented (AI Summary)

Whether the Mississippi Supreme Court may apply an impossible standard of prejudice in reviewing ineffective assistance of counsel claims related to Batson challenges that effectively immunizes racially discriminatory jury selection from federal constitutional review

Docket Entries

2025-12-18
Application (25A718) granted by Justice Alito extending the time to file until January 30, 2026.
2025-12-16
Application (25A718) to extend the time to file a petition for a writ of certiorari from December 31, 2025 to January 30, 2026, submitted to Justice Alito.

Attorneys

Tony Clark
Sarah Beth WindhamMS Office of Capital Post-Conviction Counsel, Petitioner