Duncan v. General Motors Corp.

Parentheticals

• noting that state supreme court exercised discretionary power in capital cases to overlook procedural default “in both published opinions and unpublished orders”

  Bennett v. Mueller

• collecting cases where the environment. was not sufficiently severe or pervasive, despite the existence of teasing, sexual jokes, inappropriate sexual comments, and repeated instances of unwanted sexual contact

  Justice v. Rockwell Collins, Inc.

• holding the same Nevada aggravating circumstance unconstitutionally vague, under Godfrey

  Rogers v. McDaniel

• “[T]he state must provide us with a ‘fair assurance’ that the error was harmless under Brecht.”

  Fernando Belmontes, Jr. v. Jeanne S. Woodford, Warden, for the California State Prison at San Quentin

• improper admission of evidence can amount to a due process violation if it “is clearly prejudicial and ‘rendered the trial fundamentally unfair’ ”

  Desai v. Booker