Just because something is turn-based doesn't mean quality of life improvements to available information aren't important.
Breyer gets uncharacteristically frustrated when Burton advances the argument that the uncovered race-frantic juror notes were actually the prosecutors’ pre-emptive effort to comply with Batson, anticipating a future Batson hearing. This is a tricky argument to offer, given, as Foster’s lawyers note, that the state is only now arguing for the first time that the racially coded notes and lists were in anticipation of a Batson challenge. Or as Breyer puts it, referring to the prosecutor’s alleged strategy of noting race in advance of a Batson challenge, “If that had been his real reason, isn’t it a little surprising that he never thought of it?”