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Leiloni Blake Smith v. United States

IFP petition · United States Court of Appeals for the Tenth Circuit, No. 24-7081 · judgment March 9, 2026


Pending

Question presented

This Court has held that plain errors at trial “affect substantial rights” and thus may require reversal of a conviction if there is a “reasonable probability” that the errors impacted the outcome of the proceedings, and that—to meet this standard—a defendant need not prove that a different outcome was more likely than not. Is a reviewing court empowered to affirm convictions despite multiple plain errors that directly undermined the defense because, in its judgment, the evidence of guilt was overwhelming, as the Tenth Circuit majority did in this case? Or is the court obliged to view the evidence in the light most favorable to the defense and reverse the convictions if a reasonable juror could have declined to convict absent the plain errors, as the dissenting judge concluded?

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
—

Linked docket
26A242

Proceedings

  1. Oct 07 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2026)
  2. Sep 23 2026
    Application (26A242) granted by Justice Gorsuch extending the time to file until October 7, 2026.
  3. Sep 18 2026
    Application (26A242) to extend further the time from September 30, 2026 to October 7, 2026, submitted to Justice Gorsuch.
  4. Aug 25 2026
    Application (26A242) granted by Justice Gorsuch extending the time to file until September 30, 2026.
  5. Aug 20 2026
    Application (26A242) to extend the time to file a petition for a writ of certiorari from August 31, 2026 to September 30, 2026, submitted to Justice Gorsuch.