U.S.Court order
Sotomayor warns judges after Alabama juror was arrested in front of jury pool
Justice Sonia Sotomayor on October 5, 2026, criticized an Alabama trial judge who had a prospective juror arrested in front of the jury pool for arriving late, warning that such conduct can intimidate jurors. She wrote in a statement concurring in the Supreme Court's denial of review in Steven Mulkey's capital murder case, noting his lawyers had not objected at trial.
Order (Law360) → · ABA Journal
Key points
- The Supreme Court declined to hear Steven Mulkey's challenge to his Alabama capital murder conviction.ABA JournalLaw360
- Mulkey argued the arrest of a prospective juror in full view of the pool deprived him of a fair trial.ABA Journal
- Sotomayor concurred in the denial because Mulkey's lawyers did not object to the arrest at the time.ABA Journal
- She warned that fear of a judge can undermine a defendant's right to an impartial jury.Law360ABA Journal
- Judge Alaric May of Alabama's 10th Judicial Circuit held the late prospective juror in contempt in April 2023.ABA Journal