The U.S. Supreme Court on Tuesday revived the appeal of Brenda Evers Andrew, an Oklahoma death row inmate, who claims that prosecutors violated her due process rights by using sexist stereotypes and prejudicial evidence during her trial for the 2001 murder of her estranged husband.
In a per curiam opinion, the justices vacated a Tenth Circuit decision upholding Andrew’s conviction and death sentence. The court found that, at the time Oklahoma upheld her conviction, established law barred the introduction of evidence so prejudicial it rendered a trial fundamentally unfair under the 14th Amendment’s due process clause.
Sexist Arguments and Evidence at Trial
Andrew, convicted of murdering her husband Robert Andrew to collect his life insurance policy, argues that the prosecution unfairly focused on her dating history, appearance, and parenting style. Prosecutors allegedly used derogatory language, such as calling her a “slut puppy” and criticizing her clothing and hairstyle, to paint her as immoral.