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Andrew v. White

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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)
Oct 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.
Oct 24 2023Application (23A373) granted by Justice Gorsuch extending the time to file until January 22, 2024.
Jan 22 2024Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2024)
Feb 22 2024Brief amici curiae of A Former Federal Judge, et al. filed.
Feb 26 2024Brief amici curiae of Habeas Scholars filed.
Feb 26 2024Brief amici curiae of Eight Legal Organizations and Seven Legal Scholars Working on Gender Justice in the Legal System filed.
Feb 26 2024Brief of respondent Tamika White, Warden in opposition filed.
Mar 11 2024Reply of petitioner Brenda Evers Andrew filed.
Mar 13 2024DISTRIBUTED for Conference of 3/28/2024.
Mar 26 2024Rescheduled.
Apr 08 2024DISTRIBUTED for Conference of 4/12/2024.
Apr 09 2024Rescheduled.
Apr 15 2024DISTRIBUTED for Conference of 4/19/2024.
Apr 16 2024Rescheduled.
Apr 22 2024DISTRIBUTED for Conference of 4/26/2024.
Apr 22 2024Rescheduled.
May 06 2024DISTRIBUTED for Conference of 5/9/2024.
May 06 2024Rescheduled.
May 13 2024DISTRIBUTED for Conference of 5/16/2024.
May 14 2024Rescheduled.
May 20 2024DISTRIBUTED for Conference of 5/23/2024.
May 20 2024Rescheduled.
May 28 2024DISTRIBUTED for Conference of 5/30/2024.
May 28 2024Rescheduled.
Jun 03 2024DISTRIBUTED for Conference of 6/6/2024.
Jun 04 2024Rescheduled.
Jun 10 2024DISTRIBUTED for Conference of 6/13/2024.
Jun 10 2024Rescheduled.
Jun 17 2024DISTRIBUTED for Conference of 6/20/2024.
Jun 17 2024Rescheduled.
Jun 28 2024DISTRIBUTED for Conference of 7/1/2024.
Jul 03 2024Record Requested.
Jul 10 2024Record under seal from the United States District Court for the Western District of Oklahoma received electronically and available with the Clerk.
Jul 11 2024Record received from the United States Court of Appeals for the Tenth Circuit and available with the Clerk (6 Boxes and 1 DVD).
Sep 23 2024DISTRIBUTED for Conference of 9/30/2024.
Oct 07 2024DISTRIBUTED for Conference of 10/11/2024.
Oct 15 2024DISTRIBUTED for Conference of 10/18/2024.
Oct 28 2024DISTRIBUTED for Conference of 11/1/2024.
Nov 04 2024DISTRIBUTED for Conference of 11/8/2024.
Nov 12 2024DISTRIBUTED for Conference of 11/15/2024.
Nov 18 2024DISTRIBUTED for Conference of 11/22/2024.
Dec 02 2024DISTRIBUTED for Conference of 12/6/2024.
Dec 09 2024DISTRIBUTED for Conference of 12/13/2024.
Jan 06 2025DISTRIBUTED for Conference of 1/10/2025.
Jan 13 2025DISTRIBUTED for Conference of 1/17/2025.
Jan 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)
Jan 21 2025Record returned to the United States Court of Appeals for the Tenth Circuit and available with the Clerk (6 Boxes and 1 DVD).