Supreme Court Report

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Terrill Smith v. United States

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 23-15637 · judgment January 8, 2026


Certiorari denied · October 13, 2026

Questions presented

  1. Whether, after Harrington v. Richter, 562 U.S. 86 (2011), trial counsel still has a duty to investigate whether expert testimony could significantly bolster the defense regarding what is obviously a critical issue in a criminal case when it is clear the government will present specialized testimony on the issue.

  2. Whether a defendant is prejudiced by the failure to investigate potential expert testimony about a critical issue in the case if a reasonable juror could decline to convict after hearing the expert testimony proffered in postconviction proceedings.

Counsel of record

For petitioner
Mary Edith Cunningham
Federal Public Defender's Office

For respondent
D. John Sauer
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Linked docket
26A41

Order
Order list, October 13, 2026 · Certiorari denied

Proceedings

  1. Oct 13 2026
    Petition DENIED.
  2. Sep 24 2026
    DISTRIBUTED for Conference of 10/9/2026.
  3. Sep 22 2026
    Waiver of right of respondent United States to respond filed.
  4. Aug 28 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2026)
  5. Jul 08 2026
    Application (26A41) granted by Justice Kagan extending the time to file until August 28, 2026.
  6. Jul 01 2026
    Application (26A41) to extend the time to file a petition for a writ of certiorari from July 14, 2026 to August 28, 2026, submitted to Justice Kagan.