Supreme Court Report

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Hamed Kian v. Florida

IFP petition · District Court of Appeal of Florida, Fourth District, No. 4D2024-2370 · judgment October 16, 2025


Certiorari granted · June 15, 2026

Question presented

Whether Petitioner was derived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury when the defendant is charged with a serious felony? There are two other petitions raising the same question presented. See Parada v. United States, No. 25-166; Minor v. Florida, No. 24-7489. This case should at least be held pending resolution of those petitions.

Counsel of record

For petitioner
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP

For respondent
David Morgan Steven Dewhirst
Office of the Solicitor General

Case

Conference history
Distributed for 5 conferences

Amicus briefs
16 merits
(16 supporting pet./neither)

Proceedings

  1. Sep 01 2026
    Amicus brief of Maricopa County Indigent Representation Offices submitted.
  2. Aug 17 2026
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  3. Aug 13 2026
    Brief amici curiae of Florida Association Of Criminal Defense Lawyers, et al. filed.
  4. Aug 13 2026
    Brief amicus curiae of Professor Wanling Su filed.
  5. Aug 13 2026
    Brief amici curiae of The Innocence Project, et al. filed.
  6. Aug 13 2026
    Brief amici curiae of American Civil Liberties Union, et al. filed.
  7. Aug 13 2026
    Brief amicus curiae of Constitutional Accountability Center filed.
  8. Aug 13 2026
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  9. Aug 13 2026
    Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed.
  10. Aug 13 2026
    Brief amicus curiae of The Juror Project filed.
  11. Aug 13 2026
    Brief amicus curiae of Cato Institute filed.
  12. Aug 13 2026
    Brief amicus curiae of Human Rights for Kids filed.
  13. Aug 13 2026
    Brief amici curiae of 38 Current and Former Prosecutors, et al. filed.
  14. Aug 13 2026
    Brief amicus curiae of United States Conference of Catholic Bishops filed.
  15. Aug 13 2026
    Brief amici curiae of Professor Steven G. Calabresi, et al. filed.
  16. Aug 13 2026
    Brief amicus curiae of Utah Association of Criminal Defense Lawyers filed.
  17. Aug 11 2026
    Amicus brief of Maricopa County Indigent Representation Offices not accepted for filing. (To be corrected - August 19, 2026)
  18. Aug 07 2026
    Brief amicus curiae of Professor Akhil Reed Amar filed.
  19. Aug 06 2026
    Brief of petitioner Hamed Kian filed.
  20. Jul 20 2026
    The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 6, 2026. The time to file respondent's brief on the merits is extended to and including September 28, 2026. The reply brief shall be filed pursuant to Rule 25.3.
  21. Jul 16 2026
    Motion of respondent for an extension of time to file the briefs on the merits filed.
  22. Jul 16 2026
    Response to motion for an extension of time to file the briefs on the merits from petitioner filed.
  23. Jul 08 2026
    Motion to dispense with printing the joint appendix filed by petitioner Hamed Kian.
  24. Jun 15 2026
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
  25. Jun 08 2026
    DISTRIBUTED for Conference of 6/11/2026.
  26. Jun 01 2026
    DISTRIBUTED for Conference of 6/4/2026.
  27. May 26 2026
    DISTRIBUTED for Conference of 5/28/2026.
  28. May 18 2026
    Rescheduled.
  29. May 06 2026
    DISTRIBUTED for Conference of 5/21/2026.
  30. Apr 20 2026
    Brief of Florida in opposition not accepted for filing. (To be resubmitted - April 27, 2026)
  31. Apr 20 2026
    Brief of respondent Florida in opposition filed. (Resubmitted)
  32. Apr 09 2026
    Motion to extend the time to file a response is granted and the time is further extended to and including May 20, 2026.
  33. Apr 08 2026
    Motion to extend the time to file a response from April 20, 2026 to May 20, 2026, submitted to The Clerk.
  34. Mar 03 2026
    Motion to extend the time to file a response is granted and the time is extended to and including April 20, 2026.
  35. Mar 02 2026
    Motion to extend the time to file a response from March 20, 2026 to April 20, 2026, submitted to The Clerk.
  36. Feb 18 2026
    Response Requested. (Due March 20, 2026)
  37. Jan 29 2026
    DISTRIBUTED for Conference of 2/20/2026.
  38. Jan 26 2026
    Waiver of right of respondent Florida to respond filed.
  39. Jan 09 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 19, 2026)