No. 25-6185

John Pearl Smith, II v. United States

Lower Court: Ninth Circuit
Docketed: 2025-11-20
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: distinctive-groups duren-test fair-cross-section jury-selection sixth-amendment systematic-exclusion
Key Terms:
HabeasCorpus
Latest Conference: 2026-01-09
Question Presented (from Petition)

1. Is the Sixth Amendment right to a jury that represents a fair cross-section of the community violated where a defendant identifies a specific systematic problem in the jury selection process and establishes that reaching a fair cross section of distinctive groups in the community is statistically unlikely?

Question Presented (AI Summary)

Is the Sixth Amendment right to a jury that represents a fair cross-section of the community violated where a defendant identifies a specific systematic problem in the jury selection process and establishes that reaching a fair cross section of distinctive groups in the community is statistically unlikely?

Docket Entries

2026-01-12
Petition DENIED.
2025-12-11
DISTRIBUTED for Conference of 1/9/2026.
2025-12-03
Waiver of United States of right to respond submitted.
2025-12-03
Waiver of right of respondent United States to respond filed.
2025-11-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 22, 2025)

Attorneys

John Pearl Smith II
Stephen R. HormelHormel law Office, LLC, Petitioner
United States
D. John SauerSolicitor General, Respondent