Supreme Court Report

Supreme Court of the United States · Official docket →

Michelet Michael Smith v. Keeley Anne Smith

Paid petition · Court of Appeals of Arizona, Division Two, No. 2 CA-CV 2025-0101-FC · judgment January 20, 2026


Certiorari denied · October 5, 2026
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

Questions presented

  1. Whether a state appellate court may treat as waived a preserved Fourteenth Amendment proce­ dural due process claim based on a hyper-technical subsection miscitation, where the court understood the substance of the federal claim and the application of the state rule is not strictly or regularly followed but is instead unexpectedly strict and outcome-deter­ minative (thus not an adequate and independent state ground).

  2. Whether the Due Process Clause permits a state court to bypass a meaningful prejudice analysis and deem harmless;—by labeling “technical”—a defect af­ fecting notice and the opportunity to be heard (includ­ ing notice/service and subpoena routing), without identifying the operative order governing notice/routing; and without making any prejudice findings.

  3. Whether due process is satisfied when the State creates a procedural “catch-22” by denying a party’s request for record completion/correction before merits briefing, and the appellate court later applies missing­ record presumptions to reject those same record-dependent federal due process claims.

Counsel of record

For petitioner
Michelet Michael Smith

For respondent
—

Case

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

Conference history
Distributed for 1 conference

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Sep 02 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jun 01 2026
    Petition for a writ of certiorari filed. (Response due August 14, 2026)