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Smith v. Arizona

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Docket No. Op. Below Argument Opinion Vote Author Term
22-899 Ariz. Ct. App. Jan 10, 2024
 TBD TBD TBD OT 2023

Issue: Whether the confrontation clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert conveying the testimonial statements of a nontestifying forensic analyst, on the grounds that (a) the testifying expert offers some independent opinion and the analyst’s statements are offered not for their truth but to explain the expert’s opinion, and (b) the defendant did not independently seek to subpoena the analyst.

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DateProceedings and Orders (key to color coding)
Mar 14 2023Petition for a writ of certiorari filed. (Response due April 17, 2023)
Apr 07 2023Waiver of right of respondent Arizona to respond filed.
Apr 19 2023DISTRIBUTED for Conference of 5/11/2023.
Apr 25 2023Response Requested. (Due May 25, 2023)
May 18 2023Motion to extend the time to file a response from May 25, 2023 to June 26, 2023, submitted to The Clerk.
May 19 2023Motion to extend the time to file a response is granted and the time is extended to and including June 26, 2023.
Jun 26 2023Brief of respondent Arizona in opposition filed.
Jul 11 2023Reply of petitioner Jason Smith filed. (Distributed)
Jul 12 2023DISTRIBUTED for Conference of 9/26/2023.
Sep 29 2023Petition GRANTED.
Nov 13 2023Brief of petitioner Jason Smith filed.
Nov 13 2023Joint appendix filed. (Statement of costs filed)
Nov 17 2023SET FOR ARGUMENT on Wednesday, January 10, 2024.
Nov 17 2023Brief amicus curiae of National College for DUI Defense, Inc. filed.
Nov 20 2023Brief amicus curiae of United States in support of neither party filed.
Nov 20 2023Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Nov 20 2023Brief amici curiae of Alameda County Public Defender, et al. filed.
Nov 20 2023Brief amici curiae of The Innocence Network, Forensic Justice Project, et al.. filed.
Nov 20 2023Brief amicus curiae of Richard D. Friedman filed.
Nov 21 2023Record requested from the Court of Appeals of Arizona, Division One.
Nov 28 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 30 2023CIRCULATED
Dec 07 2023Record received from the Court of Appeals of Arizona, Division One (one envelope). The remainder of the record is electronic and is available with the Clerk.
Dec 11 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 13 2023Brief of respondent Arizona filed. (Distributed)
Dec 13 2023Respondent's request to lodge non-record material pursuant to Rule 32.3 filed.
Dec 20 2023Brief amici curiae of American Board of Forensic Toxicology, et al. filed. (Distributed)
Dec 20 2023Brief amici curiae of National District Attorneys Association, et al. filed. (Distributed)
Dec 20 2023Brief amici curiae of Colorado, et al. filed. (Distributed). (Corrected paper form of brief received and distributed--December 28, 2023--original electronic submission contains correction.)
Dec 20 2023Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Dec 29 2023Reply of petitioner Jason Smith filed. (Distributed)
Jan 10 2024Argued. For petitioner: Hari Santhanam, Chicago, Ill. For United States, as amicus curiae: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Alexander W. Samuels, Principal Deputy Solicitor General, Phoenix, Ariz.