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Robert Alvin Justus, Jr. v. United States

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 24-1641 · judgment December 19, 2025


Pending

Question presented

In a first-degree murder case, was the Ninth Circuit’s approval of the admission of social media posts and “likes” of posts, specifically intended to prejudice the jury by highlighting petitioner’s political beliefs, the kind of egregious error that brings the judicial system into disrepute and results in a miscarriage of justice, warranting this Court’s exercise of its institutional interest in ensuring that the legal proceeding was fair to all who observed it? Given a defendant's Sixth Amendment right to present testimony in his own words in his defense at trial, should the court be permitted to instruct the jury to ignore his state-of-mind defense if the words he chose could also describe an unavailable duress defense?

Counsel of record

For petitioner
Vicki Marolt Buchanan
Vicki Marolt Buchanan, PC

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 13 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Aug 07 2026
    Waiver of right of respondent United States to respond filed.
  3. Jul 17 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2026)