No. 23-6573

Brenda Evers Andrew v. Tamika White, Warden

Lower Court: Tenth Circuit
Docketed: 2024-01-25
Status: GVR
Type: IFP
Amici (3)Relisted (23)IFP Experienced Counsel
Tags: criminal-procedure cumulative-error due-process gender-presentation gender-stereotyping miranda-rights miranda-violation motherhood prosecutorial-misconduct sex-based-stereotypes sexual-discrimination sexual-history
Latest Conference: 2025-01-17 (distributed 23 times)
Question Presented (from Petition)

1. Whether clearly established federal law as determined by this Court forbids
the prosecution's use of a woman's plainly irrelevant sexual history, gender
presentation, and role as a mother and wife to assess guilt and punishment.

2. Whether this Court should summarily reverse in light of cumulative effect
of the errors in this case at guilt and sentencing, including the introduction
of a custodial statement made without the warnings Miranda v. Arizona,
384 U.S. 436 (1966) requires.

Question Presented (AI Summary)

Whether clearly established federal law as determined by this Court forbids the prosecution's use of a woman's plainly irrelevant sexual history, gender presentation, and role as a mother and wife to assess guilt and punishment

Docket Entries

2025-02-24
Judgment Issued.
2025-01-21
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)
2025-01-21
Record returned to the United States Court of Appeals for the Tenth Circuit and available with the Clerk (6 Boxes and 1 DVD).
2025-01-21
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)
2025-01-13
DISTRIBUTED for Conference of 1/17/2025.
2025-01-06
DISTRIBUTED for Conference of 1/10/2025.
2024-12-09
DISTRIBUTED for Conference of 12/13/2024.
2024-12-02
DISTRIBUTED for Conference of 12/6/2024.
2024-11-18
DISTRIBUTED for Conference of 11/22/2024.
2024-11-12
DISTRIBUTED for Conference of 11/15/2024.
2024-11-04
DISTRIBUTED for Conference of 11/8/2024.
2024-10-28
DISTRIBUTED for Conference of 11/1/2024.
2024-10-15
DISTRIBUTED for Conference of 10/18/2024.
2024-10-07
DISTRIBUTED for Conference of 10/11/2024.
2024-09-23
DISTRIBUTED for Conference of 9/30/2024.
2024-07-11
Record received from the United States Court of Appeals for the Tenth Circuit and available with the Clerk (6 Boxes and 1 DVD).
2024-07-10
Record under seal from the United States District Court for the Western District of Oklahoma received electronically and available with the Clerk.
2024-07-03
Record Requested.
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2024-06-17
Rescheduled.
2024-06-17
DISTRIBUTED for Conference of 6/20/2024.
2024-06-10
Rescheduled.
2024-06-10
DISTRIBUTED for Conference of 6/13/2024.
2024-06-04
Rescheduled.
2024-06-03
DISTRIBUTED for Conference of 6/6/2024.
2024-05-28
Rescheduled.
2024-05-28
DISTRIBUTED for Conference of 5/30/2024.
2024-05-20
Rescheduled.
2024-05-20
DISTRIBUTED for Conference of 5/23/2024.
2024-05-14
Rescheduled.
2024-05-13
DISTRIBUTED for Conference of 5/16/2024.
2024-05-06
Rescheduled.
2024-05-06
DISTRIBUTED for Conference of 5/9/2024.
2024-04-22
Rescheduled.
2024-04-22
DISTRIBUTED for Conference of 4/26/2024.
2024-04-16
Rescheduled.
2024-04-15
DISTRIBUTED for Conference of 4/19/2024.
2024-04-09
Rescheduled.
2024-04-08
DISTRIBUTED for Conference of 4/12/2024.
2024-03-26
Rescheduled.
2024-03-13
DISTRIBUTED for Conference of 3/28/2024.
2024-03-11
2024-02-26
Brief of respondent Tamika White, Warden in opposition filed.
2024-02-26
Brief amici curiae of Eight Legal Organizations and Seven Legal Scholars Working on Gender Justice in the Legal System filed.
2024-02-26
2024-02-22
2024-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2024)
2023-10-24
Application (23A373) granted by Justice Gorsuch extending the time to file until January 22, 2024.
2023-10-18
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.

Attorneys

A Former Federal Judge, et al.
Russell Harris FalconerGibson, Dunn & Crutcher LLP, Amicus
Brenda Evers Andrew
John Robert MillsPhillips Black, Inc., Petitioner
Eight Legal Organizations and Seven Legal Scholars Working on Gender Justice in the Legal System
Andrea Louise Lewis HartungRoderick & Solange MacArthur Justice Center, Amicus
Habeas Scholars
Melanie Lynn BostwickOrrick, Herrington & Sutcliffe LLP, Amicus
Tamika White
Joshua Luke LockettOklahoma Office of the Attorney General, Respondent