In the case of Robert Lee Shell v. Mississippi in 1990, the United States Supreme Court upheld a death sentence for Shell who was convicted of murder and robbery. The defense argued that the jury selection process had been racially biased because it excluded African Americans from serving on juries in capital cases. However, this argument was rejected by both state courts and ultimately by the U.S Supreme Court as well. The court held that there wasn't sufficient evidence to prove racial discrimination during jury selection or any violation of Batson v Kentucky (1986), which prohibits excluding potential jurors based on their race. Furthermore, they found no constitutional error with respect to sentencing instructions given to jurors regarding mitigating circumstances - factors that might lessen a defendant's culpability.

In the dissenting opinion for Robert Lee Shell v. Mississippi, Justice Brennan, joined by Justice Marshall and Justice Stevens, argued that the trial court's refusal to allow defense counsel to cross-examine a key prosecution witness about his pending charges violated the defendant's Sixth Amendment right to confront witnesses against him. They believed this denial of cross-examination severely compromised Shell’s ability to challenge the credibility of an important witness whose testimony was crucial in securing his conviction. The dissenting justices also disagreed with how lightly their colleagues treated what they saw as a serious constitutional violation and expressed concern over setting such precedent which could potentially undermine defendants' rights in future cases.