SCOTUS GVRs Capital Case After 13 Reschedules And 10 Relists
Andrew v. White, a capital case has been floating around a year. On January 22, 2024, the cert petition was filed. And on January 21, 2025, the Supreme Court GVR’d the case. The per curiam begins
An Oklahoma jury convicted Brenda Andrew of murdering her husband, Rob Andrew, and sentenced her to death. The State spent significant time at trial introducing evidence about Andrew’s sex life and about her failings as a mother and wife, much of which it later conceded was irrelevant. In a federal habeas petition, Andrew argued that this evidence had been so prejudicial as to violate the Due Process Clause. The Court of Appeals rejected that claim because, it thought, no holding of this Court established a general rule that the erroneous admission of prejudicial evidence could violate due process. That was wrong. By thetime of Andrew’s trial, this Court had made clear that when “evidence is introduced that is so unduly prejudicial that itrenders the trial fundamentally unfair, the Du
Article from Reason.com
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