On October 21, 2008, EJI attorneys argued that the Alabama Court of Criminal Appeals should order a new trial for death row prisoner David Wilson because the Houston County prosecutor at his trial illegally eliminated every black potential juror.
The Houston County prosecutor's office has a long documented history of using jury strikes in a racially biased manner. An all-white jury convicted Mr. Wilson of capital murder in December 2007 and he was sentenced to death in January 2008.
On appeal to the Court of Criminal Appeals, EJI attorneys argue that a new trial should be ordered because the Houston County prosecutor violated clear state and federal law that prohibits the removal of jurors on the basis of race.