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
- Supreme Court sends capital case back for reconsideration over focus on sex (Amy Howe, January 23, 2025)
- In a slew of new cases, the justices take in closer look (John Elwood, January 16, 2025)
- Holding prison officials accountable for COVID measures (John Elwood, January 9, 2025)
- Sacred sites, religious tax exemptions, and whether to reconsider Feres (John Elwood, December 12, 2024)
- Personal jurisdiction, habeas, and a possible replacement case (John Elwood, December 6, 2024)
- Nondelegation doctrine, abortion clinic protest, and transgender student athletes (John Elwood, November 22, 2024)
- Wisconsin parents challenge school support plan for transgender students (John Elwood, November 7, 2024)
- Timing rules for reviewing deportation decisions concerning persecution or torture risk (John Elwood, October 31, 2024)
- Redistricting, campaign contributions, and Californias role in emissions regulation (John Elwood, October 17, 2024)
- Fourteen cases to watch from the Supreme Courts end-of-summer long conference (John Elwood, October 10, 2024)
| Date | Proceedings and Orders |
|---|---|
| 10/18/2023 | 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. |
| 10/24/2023 | Application (23A373) granted by Justice Gorsuch extending the time to file until January 22, 2024. |
| 01/22/2024 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2024) |
| 02/22/2024 | Brief amici curiae of A Former Federal Judge, et al. filed. |
| 02/26/2024 | Brief amici curiae of Habeas Scholars filed. |
| 02/26/2024 | Brief amici curiae of Eight Legal Organizations and Seven Legal Scholars Working on Gender Justice in the Legal System filed. |
| 02/26/2024 | Brief of respondent Tamika White, Warden in opposition filed. |
| 03/11/2024 | Reply of petitioner Brenda Evers Andrew filed. |
| 03/13/2024 | DISTRIBUTED for Conference of 3/28/2024. |
| 03/26/2024 | Rescheduled. |
| 04/08/2024 | DISTRIBUTED for Conference of 4/12/2024. |
| 04/09/2024 | Rescheduled. |
| 04/15/2024 | DISTRIBUTED for Conference of 4/19/2024. |
| 04/16/2024 | Rescheduled. |
| 04/22/2024 | DISTRIBUTED for Conference of 4/26/2024. |
| 04/22/2024 | Rescheduled. |
| 05/06/2024 | DISTRIBUTED for Conference of 5/9/2024. |
| 05/06/2024 | Rescheduled. |
| 05/13/2024 | DISTRIBUTED for Conference of 5/16/2024. |
| 05/14/2024 | Rescheduled. |
| 05/20/2024 | DISTRIBUTED for Conference of 5/23/2024. |
| 05/20/2024 | Rescheduled. |
| 05/28/2024 | DISTRIBUTED for Conference of 5/30/2024. |
| 05/28/2024 | Rescheduled. |
| 06/03/2024 | DISTRIBUTED for Conference of 6/6/2024. |
| 06/04/2024 | Rescheduled. |
| 06/10/2024 | DISTRIBUTED for Conference of 6/13/2024. |
| 06/10/2024 | Rescheduled. |
| 06/17/2024 | DISTRIBUTED for Conference of 6/20/2024. |
| 06/17/2024 | Rescheduled. |
| 06/28/2024 | DISTRIBUTED for Conference of 7/1/2024. |
| 07/03/2024 | Record Requested. |
| 07/10/2024 | Record under seal from the United States District Court for the Western District of Oklahoma received electronically and available with the Clerk. |
| 07/11/2024 | Record received from the United States Court of Appeals for the Tenth Circuit and available with the Clerk (6 Boxes and 1 DVD). |
| 09/23/2024 | DISTRIBUTED for Conference of 9/30/2024. |
| 10/07/2024 | DISTRIBUTED for Conference of 10/11/2024. |
| 10/15/2024 | DISTRIBUTED for Conference of 10/18/2024. |
| 10/28/2024 | DISTRIBUTED for Conference of 11/1/2024. |
| 11/04/2024 | DISTRIBUTED for Conference of 11/8/2024. |
| 11/12/2024 | DISTRIBUTED for Conference of 11/15/2024. |
| 11/18/2024 | DISTRIBUTED for Conference of 11/22/2024. |
| 12/02/2024 | DISTRIBUTED for Conference of 12/6/2024. |
| 12/09/2024 | DISTRIBUTED for Conference of 12/13/2024. |
| 01/06/2025 | DISTRIBUTED for Conference of 1/10/2025. |
| 01/13/2025 | DISTRIBUTED for Conference of 1/17/2025. |
| 01/21/2025 | 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 <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-6573new_e1p3.pdf'>opinion</a> of the Court. <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-6573new_e1p3.pdf'>Opinion</a> per curiam. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-6573new_e1p3.pdf'>Opinion</a>) Justice Alito, concurring in the judgment. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-6573new_e1p3.pdf'>Opinion</a>) Justice Thomas, with whom Justice Gorsuch joins, dissenting. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-6573new_e1p3.pdf'>Opinion</a>) |
| 01/21/2025 | Record returned to the United States Court of Appeals for the Tenth Circuit and available with the Clerk (6 Boxes and 1 DVD). |
| 02/24/2025 | Judgment Issued. |