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
Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.
Questions presented
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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).
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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.
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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
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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
- Oct 05 2026Petition DENIED.
- Sep 02 2026DISTRIBUTED for Conference of 9/28/2026.
- Jun 01 2026Petition for a writ of certiorari filed. (Response due August 14, 2026)