No. 25-6245
Dean Alan Smith v. United States
Response WaivedIFP
Key Terms:
DueProcess
DueProcess
Latest Conference:
2026-01-09
Question Presented (from Petition)
WHETHER THE APPELLATE COURT ERRED IN AFFIRMING THE DISTRICT COURT'S DECISION TO PROFFER NOT ONE BUT TWO DISTINCT ALLEN INSTRUCTIONS WHERE THE JURY WAS ALREADY HELPLESSLY DEADLOCKS THEREBY VIOLATING PETITIONER'S FIFTH AMENDMENT RIGHT TO PROPER DUE PROCESS UNDER THE LAW AS WELL AS HIS SIXTH AMENDMENT RIGHT TO BE TRIED BEFORE AN IMPARTIAL JURY?
Question Presented (AI Summary)
Whether the appellate court erred in affirming the district court's decision to proffer two distinct Allen instructions when the jury was already hopelessly deadlocked, thereby violating the petitioner's Fifth and Sixth Amendment rights
Docket Entries
2026-01-12
Petition DENIED.
2025-12-11
DISTRIBUTED for Conference of 1/9/2026.
2025-12-09
Waiver of United States of right to respond submitted.
2025-12-09
Waiver of right of respondent United States to respond filed.
2025-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2025)
Attorneys
Dean Smith
Evangelo Arvanetes — Federal Defenders of Montana, Petitioner
United States
D. John Sauer — Solicitor General, Respondent