The court's three liberal justices dissented from the court's order turning away the appeal from inmate Andre Thomas.
"No jury deciding whether to recommend a death sentence should be tainted by potential racial biases that could infect its deliberations or decision, particularly where the case involved an interracial crime," Justice Sonia Sotomayor wrote. Justices Elena Kagan and Ketanji Brown Jackson joined Sotomayor's opinion.
Thomas' trial lawyer did not seek to prevent the three people from serving on the jury, and didn't even question two of the three about their views, Sotomayor wrote. One juror said he could be fair in spite of his views.The 5th U.S. Circuit Court of Appeals had earlier rejected Thomas' claim that his lawyer failed to provide competent representation.
He confessed to killing his estranged wife, Laura Christine Boren, 20, their son, Andre Lee, 4, and her 13-month-old daughter, Leyha Marie Hughes, in 2004. Thomas said God had told him to commit the killings. The victims were stabbed and had their hearts ripped out.
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