No. 24-7100

Gerald Brent Harris v. Scott Frauenheim, Warden

Lower Court: Ninth Circuit
Docketed: 2025-04-30
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-trial district-court due-process fundamental-fairness gvr-order intervening-decision
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-05-29
Question Presented (from Petition)

Whether the Court should issue a GVR order to allow the district court to apply the intervening decision in Andrew v. White, 145 S. Ct. 75 (2025), to Petitioner's admission of unduly prejudicial evidence due process claim, which the district court denied on the now-repudiated ground that no clearly established federal law provided that the Due Process Clause forbids the introduction of evidence so unduly prejudicial as to render a criminal trial fundamentally unfair.

Question Presented (AI Summary)

Whether the Court should issue a GVR order to allow the district court to apply the intervening decision in Andrew v. White to Petitioner's admission of unduly prejudicial evidence due process claim

Docket Entries

2025-06-02
Petition DENIED.
2025-05-14
DISTRIBUTED for Conference of 5/29/2025.
2025-05-13
Waiver of right of respondent Scott Frauenheim to respond filed.
2025-04-24

Attorneys

Gerald Harris
Gary Paul BurchamBurcham & Zugman, APC, Petitioner
Scott Frauenheim
Justain P. RileyCA Dept. of Justice: Office of the AG, Respondent