Duncan v. General Motors Corp.

How later courts describe this case

• noting that state supreme court exercised discretionary power in capital cases to overlook procedural default “in both published opinions and unpublished orders”
• 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
• holding the same Nevada aggravating circumstance unconstitutionally vague, under Godfrey
• “[T]he state must provide us with a ‘fair assurance’ that the error was harmless under Brecht.”
• improper admission of evidence can amount to a due process violation if it “is clearly prejudicial and ‘rendered the trial fundamentally unfair’ ”