A divided California Supreme Court on Sept. 13 denied rehearing in a death penalty case that the defendant tried to link to recent revelations that Alameda County prosecutors in the 1990s appeared to have intentionally excluded Black and Jewish jurors from capital trials.

In a 4-3 decision, the court called the allegations surrounding the deputy district attorneys’ actions “profoundly troubling” but said Giles Albert Nadey Jr. should make his claims in a habeas corpus petition.