En Banc Tenth Circuit Denies Rehearing, Rejecting Challenge to Prejudicial Sexist Evidence

And in en banc news, the Tenth Circuit will not reconsider its decision that the only woman on Oklahoma's death row received a fair trial (for conspiring with a paramour to kill her husband) despite the prosecutor referring to her as a "slut puppy," presenting evidence of her provocative appearance and flirtatious behavior, and denigrating her parenting (see decision). Dissent: The Supreme Court remanded this case to consider whether her trial violated due process, and the panel turned the constitutional principle on its head.

The case is Andrew v. Tinsley, 15-6190 (10th Cir. Aug. 14, 2026).