Tharpe v. Ford

Statement of Justice SOTOMAYOR respecting the denial of certiorari.

Petitioner Keith Tharpe is a Georgia inmate on death row. For years, Tharpe, who is black, has asked state and federal courts to consider his claim that a white member of the jury that sentenced him to death was biased against him because of his race. Tharpe has presented a signed affidavit from the juror in question, who stated, among other things, that " 'there are two types of black people: 1. Black folks and 2. Niggers,' " and that Tharpe, " 'who wasn't in the "good" black folks category in [his] book, should get the…