Supreme Court Report

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Dean Alan Smith v. United States

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 24-2362 · judgment August 18, 2025


Certiorari denied · January 12, 2026

Question presented

WHETHER THE APPELLATE COURT ERRED IN AFFIRMING THE DISTRICT COURT’S DECISION TO PROFFER NOT ONE BUT TWO DISTINCT ALLEN INSTRUCTIONS WHERE THE JURY WAS ALREADY HELPLESSLY DEADLOCKS THEREBY VIOLATING PETITIONER’S FIFTH AMENDMENT RIGHT TO PROPER DUE PROCESS UNDER THE LAW AS WELL AS HIS SIXTH AMENDMENT RIGHT TO BE TRIED BEFORE AN IMPARTIAL JURY?

Counsel of record

For petitioner
Evangelo Arvanetes
Federal Defenders of Montana

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 11 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Dec 09 2025
    Waiver of right of respondent United States to respond filed.
  4. Nov 18 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2025)