The U.S. Supreme Court on Tuesday agreed to take up a Georgia death penalty case in which an inmate is challenging his conviction based on notes the defense contends show the prosecution improperly considered prospective jurors’ race.

The rare grant of certiorari means the high court will examine in its next term a 1987 Floyd County murder trial. Timothy Tyrone Foster, a black man who was 18 years old when he was charged, was convicted of the murder of Queen White, an elderly, white, retired schoolteacher.