No. 25-6245

Dean Alan Smith v. United States

Lower Court: Ninth Circuit
Docketed: 2025-11-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: allen-instruction due-process fifth-amendment impartial-jury jury-deadlock sixth-amendment
Key Terms:
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 ArvanetesFederal Defenders of Montana, Petitioner
United States
D. John SauerSolicitor General, Respondent