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Andrew v. White

Docket No. Op. Below Argument Opinion Vote Author Term
23-6573 10th Cir. Not Argued Jan 21, 2025 7-2 Per Curiam OT 2024

Holding: At the time of the decision of the Oklahoma Court of Criminal Appeals, clearly established federal law provided that the erroneous admission of unduly prejudicial evidence could render a criminal trial fundamentally unfair in violation of due process; the judgment below is vacated and the case is remanded for further proceedings.

Judgment: Vacated and remanded in a per curiam opinion on January 21, 2025. Justice Alito filed a concurring opinion. Justice Thomas, with whom Justice Gorsuch joins, filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
10/18/2023Application (23A373) to extend the time to file a petition for a writ of certiorari from November 23, 2023 to January 22, 2024, submitted to Justice Gorsuch.
10/24/2023Application (23A373) granted by Justice Gorsuch extending the time to file until January 22, 2024.
01/22/2024Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2024)
02/22/2024Brief amici curiae of A Former Federal Judge, et al. filed.
02/26/2024Brief amici curiae of Habeas Scholars filed.
02/26/2024Brief amici curiae of Eight Legal Organizations and Seven Legal Scholars Working on Gender Justice in the Legal System filed.
02/26/2024Brief of respondent Tamika White, Warden in opposition filed.
03/11/2024Reply of petitioner Brenda Evers Andrew filed.
03/13/2024DISTRIBUTED for Conference of 3/28/2024.
03/26/2024Rescheduled.
04/08/2024DISTRIBUTED for Conference of 4/12/2024.
04/09/2024Rescheduled.
04/15/2024DISTRIBUTED for Conference of 4/19/2024.
04/16/2024Rescheduled.
04/22/2024DISTRIBUTED for Conference of 4/26/2024.
04/22/2024Rescheduled.
05/06/2024DISTRIBUTED for Conference of 5/9/2024.
05/06/2024Rescheduled.
05/13/2024DISTRIBUTED for Conference of 5/16/2024.
05/14/2024Rescheduled.
05/20/2024DISTRIBUTED for Conference of 5/23/2024.
05/20/2024Rescheduled.
05/28/2024DISTRIBUTED for Conference of 5/30/2024.
05/28/2024Rescheduled.
06/03/2024DISTRIBUTED for Conference of 6/6/2024.
06/04/2024Rescheduled.
06/10/2024DISTRIBUTED for Conference of 6/13/2024.
06/10/2024Rescheduled.
06/17/2024DISTRIBUTED for Conference of 6/20/2024.
06/17/2024Rescheduled.
06/28/2024DISTRIBUTED for Conference of 7/1/2024.
07/03/2024Record Requested.
07/10/2024Record under seal from the United States District Court for the Western District of Oklahoma received electronically and available with the Clerk.
07/11/2024Record received from the United States Court of Appeals for the Tenth Circuit and available with the Clerk (6 Boxes and 1 DVD).
09/23/2024DISTRIBUTED for Conference of 9/30/2024.
10/07/2024DISTRIBUTED for Conference of 10/11/2024.
10/15/2024DISTRIBUTED for Conference of 10/18/2024.
10/28/2024DISTRIBUTED for Conference of 11/1/2024.
11/04/2024DISTRIBUTED for Conference of 11/8/2024.
11/12/2024DISTRIBUTED for Conference of 11/15/2024.
11/18/2024DISTRIBUTED for Conference of 11/22/2024.
12/02/2024DISTRIBUTED for Conference of 12/6/2024.
12/09/2024DISTRIBUTED for Conference of 12/13/2024.
01/06/2025DISTRIBUTED for Conference of 1/10/2025.
01/13/2025DISTRIBUTED for Conference of 1/17/2025.
01/21/2025Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further proceedings consistent with the opinion of the Court. Opinion per curiam. (Detached Opinion) Justice Alito, concurring in the judgment. (Detached Opinion) Justice Thomas, with whom Justice Gorsuch joins, dissenting. (Detached Opinion)
01/21/2025Record returned to the United States Court of Appeals for the Tenth Circuit and available with the Clerk (6 Boxes and 1 DVD).
02/24/2025Judgment Issued.