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SCOTUS Orders Review of Murderer's Bias Claim:  In a 6-3 opinion announced Monday, the U.S. Supreme Court ordered the 11th Circuit to reconsider a Georgia murder's claim that he is entitled to a new trial because of a juror's racially biased statement. Adam Liptak of the New York Times reports that the Court's per curium opinion in Tharpe v. Sellers concluded that an affidavit by a juror in the murder trial Keith Tharpe, which described the defendant as a "nigger," required a full review by the lower court to determine if racial prejudice had resulted in Tharp's conviction and death sentence.  Overwhelming evidence confirmed Tharp's guilt of the shotgun murder of his estranged wife's sister during his ambush, kidnapping and rape of his wife.  The 11th Circuit had previously dismissed Tharp's bias claim.  A dissenting opinion by Justice Clarence Thomas and joined by Justices Alito and Gorsuch, called the majority's opinion "ceremonial hand-wringing."     

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I suspect that like Pres. Trump, Justice Thomas is underestimated and despised
by elitists because he is direct and unsentimental.

They both favor justice for the aggrieved over mercy for the victimizer.

Here are some Thomasian gems, in my non-judicial mind's view:

“In its brief per curiam opinion, the Court misreads a lower court’s opinion to find
an error that is not there, and then refuses to entertain alternative grounds for affirmance.”

“The opinions in the affidavit are certainly odious. But their odiousness does not excuse us from doing our job correctly,”

“Even if “[r]easonable minds reviewing the record might disagree about” the evidence, “on habeas review that does not suffice to supersede the [state] court’s credibility determination.” Rice v. Collins, 546 U. S. 333, 341–342 (2006).”

“This case involves a mine-run denial of a COA by a lower court on the eve of
an execution,”

“In bending the rules here to show its concern for a black capital inmate, the Court must think it is showing its concern for racial justice. It is not. .. It will only delay justice for Jaquelin Freeman, who was also black, who is ignored by the
majority, and who was murdered by Tharpe 27 years ago.
I respectfully dissent.”

~ https://www.psychologytoday.com/blog/how-do-life/
201606/the-case-justice-over-mercy

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