Supreme Court of the United States · Official docket →
Nicholas Noelani D. Smith v. Alabama
IFP petition · Court of Criminal Appeals of Alabama, No. CR-2022-0504 · judgment June 28, 2024
Certiorari denied · October 6, 2025
Question presented
Whether a criminal defendant in a capital trial is deprived of his Fourteenth Amendment right to due process, as set forth in Beck v. Alabama, when the evidence at trial would support a finding of voluntary intoxication negating specific intent as an element of capital murder, but the trial court fails to instruct the jury to consider any lesser-included offenses to capital murder.
Counsel of record
For petitioner
Angela Leigh Setzer
For respondent
Edmund Gerard LaCour Jr.
Office of the Attorney General
Proceedings
- Oct 06 2025Petition DENIED.
- Aug 14 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 24 2025Brief of respondent Alabama in opposition filed.
- Jun 20 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 24, 2025)
- May 15 2025Application (24A1094) granted by Justice Thomas extending the time to file until June 21, 2025.
- May 12 2025Application (24A1094) to extend the time to file a petition for a writ of certiorari from May 22, 2025 to June 23, 2025, submitted to Justice Thomas.