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Supreme Court grants new hearing for death row inmate whose case included evidence of her sexual history [Video]

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Biden commutes 37 federal death sentences

President Biden commutes sentences of most federal death row inmates to life without parole 01:53

The Supreme Court on Tuesday ordered lower courts to review the case of the only woman on Oklahoma’s death row over concerns that prosecutors’ discussion of her sexual history rendered her trial unfair in the murder of her estranged husband.

The court, over two dissenting votes, threw out a federal appeals court ruling that upheld the sentence and conviction of Brenda Andrew for her role in the killing of advertising executive Rob Andrew in 2001.

James Pavatt, Andrew’s lover, also is on death row after he was convicted of killing Andrew with a shotgun in the family garage in Oklahoma City.

In an unsigned opinion, the justices ordered the Denver-based 10th U.S. Circuit Court of Appeals to re-examine Andrew’s prosecution to determine if judges “reviewing this record could disagree with Andrew that the trial court’s mistaken admission of irrelevant evidence was …

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