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Andrew v. White

Docket No.23-6573
Op. Below10th Cir.

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, 7-2 on Jan 21, 2025. Justice Alito filed an opinion concurring in the judgment. Justice Thomas filed a dissenting opinion, joined by Justice Gorsuch.

Proceedings & orders timeline

Oct 18, 2023
Application (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.
Oct 24, 2023
Application (23A373) granted by Justice Gorsuch extending the time to file until January 22, 2024.
Jan 22, 2024
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2024)
Feb 22, 2024
Brief amici curiae of A Former Federal Judge, et al. filed.
Feb 26, 2024
Brief amici curiae of Habeas Scholars filed.
Feb 26, 2024
Brief amici curiae of Eight Legal Organizations and Seven Legal Scholars Working on Gender Justice in the Legal System filed.
Feb 26, 2024
Brief of respondent Tamika White, Warden in opposition filed.
Mar 11, 2024
Reply of petitioner Brenda Evers Andrew filed.
Mar 13, 2024
DISTRIBUTED for Conference of 3/28/2024.
Mar 26, 2024
Rescheduled.
Apr 8, 2024
DISTRIBUTED for Conference of 4/12/2024.
Apr 9, 2024
Rescheduled.
Apr 15, 2024
DISTRIBUTED for Conference of 4/19/2024.
Apr 16, 2024
Rescheduled.
Apr 22, 2024
DISTRIBUTED for Conference of 4/26/2024.
Apr 22, 2024
Rescheduled.
May 6, 2024
DISTRIBUTED for Conference of 5/9/2024.
May 6, 2024
Rescheduled.
May 13, 2024
DISTRIBUTED for Conference of 5/16/2024.
May 14, 2024
Rescheduled.
May 20, 2024
DISTRIBUTED for Conference of 5/23/2024.
May 20, 2024
Rescheduled.
May 28, 2024
DISTRIBUTED for Conference of 5/30/2024.
May 28, 2024
Rescheduled.
Jun 3, 2024
DISTRIBUTED for Conference of 6/6/2024.
Jun 4, 2024
Rescheduled.
Jun 10, 2024
DISTRIBUTED for Conference of 6/13/2024.
Jun 10, 2024
Rescheduled.
Jun 17, 2024
DISTRIBUTED for Conference of 6/20/2024.
Jun 17, 2024
Rescheduled.
Jun 28, 2024
DISTRIBUTED for Conference of 7/1/2024.
Jul 3, 2024
Record Requested.
Jul 10, 2024
Record under seal from the United States District Court for the Western District of Oklahoma received electronically and available with the Clerk.
Jul 11, 2024
Record received from the United States Court of Appeals for the Tenth Circuit and available with the Clerk (6 Boxes and 1 DVD).
Sep 23, 2024
DISTRIBUTED for Conference of 9/30/2024.
Oct 7, 2024
DISTRIBUTED for Conference of 10/11/2024.
Oct 15, 2024
DISTRIBUTED for Conference of 10/18/2024.
Oct 28, 2024
DISTRIBUTED for Conference of 11/1/2024.
Nov 4, 2024
DISTRIBUTED for Conference of 11/8/2024.
Nov 12, 2024
DISTRIBUTED for Conference of 11/15/2024.
Nov 18, 2024
DISTRIBUTED for Conference of 11/22/2024.
Dec 2, 2024
DISTRIBUTED for Conference of 12/6/2024.
Dec 9, 2024
DISTRIBUTED for Conference of 12/13/2024.
Jan 6, 2025
DISTRIBUTED for Conference of 1/10/2025.
Jan 13, 2025
DISTRIBUTED for Conference of 1/17/2025.
Jan 21, 2025
Motion 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)
Jan 21, 2025
Record returned to the United States Court of Appeals for the Tenth Circuit and available with the Clerk (6 Boxes and 1 DVD).
Feb 24, 2025
Judgment Issued.

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