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Smith v. United States

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Docket No. Op. Below Argument Opinion Vote Author Term
21-1576 11th Cir. Mar 28, 2023
 TBD TBD TBD OT 2022

Issue: Whether the proper remedy for the government’s failure to prove venue is an acquittal barring re-prosecution of the offense, as the U.S. Courts of Appeals for the 5th and 8th Circuits have held, or whether instead the government may re-try the defendant for the same offense in a different venue, as the U.S. Courts of Appeals for the 6th, 9th, 10th and 11th Circuits have held.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 03 2022Application (21A697) to extend the time to file a petition for a writ of certiorari from May 17, 2022 to June 16, 2022, submitted to Justice Thomas.
May 10 2022Application (21A697) granted by Justice Thomas extending the time to file until June 16, 2022.
Jun 16 2022Petition for a writ of certiorari filed. (Response due July 21, 2022)
Jul 14 2022Motion to extend the time to file a response from July 21, 2022 to August 22, 2022, submitted to The Clerk.
Jul 15 2022Motion to extend the time to file a response is granted and the time is extended to and including August 22, 2022.
Jul 21 2022Motion for leave to file amici brief filed by The Rutherford Institute, et al.
Jul 28 2022Motion to extend the time to file a response from August 22, 2022 to September 21, 2022, submitted to The Clerk.
Aug 01 2022Motion to extend the time to file a response is granted and the time is further extended to and including September 21, 2022.
Sep 14 2022Motion to extend the time to file a response from September 21, 2022 to October 28, 2022, submitted to The Clerk.
Sep 16 2022Motion to extend the time to file a response is granted and the time is further extended to and including October 28, 2022.
Oct 28 2022Brief of respondent United States in opposition filed.
Nov 14 2022Reply of petitioner Timothy J. Smith filed. (Distributed)
Nov 15 2022DISTRIBUTED for Conference of 12/2/2022.
Nov 30 2022Rescheduled.
Dec 05 2022DISTRIBUTED for Conference of 12/9/2022.
Dec 13 2022Motion for leave to file amici brief filed by The Rutherford Institute, et al. GRANTED.
Dec 13 2022Petition GRANTED.
Jan 27 2023Brief of petitioner Timothy J. Smith filed.
Jan 27 2023Joint appendix filed. (Statement of costs filed)
Jan 31 2023SET FOR ARGUMENT on Tuesday, March 28, 2023.
Feb 03 2023Record requested from the U.S.C.A. for the Eleventh Circuit.
Feb 03 2023All records from the USCA-11th Circuit are available on PACER. Record request forwarded to the USDC-Northern District of Florida.
Feb 03 2023Brief amici curiae of Professor Drew L. Kershen and Professor Brian C. Kalt filed.
Feb 03 2023Brief amici curiae of The Rutherford Institute, the Cato Institute, and the National Association for Public Defense filed.
Feb 03 2023Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Feb 13 2023CIRCULATED
Feb 22 2023Record received from the USDC-Northern District of Florida (1 envelope of sealed materials). The remainder of the record is available on PACER.
Feb 27 2023Brief of respondent United States filed. (Distributed)
Mar 17 2023Reply of petitioner Timothy J. Smith filed. (Distributed)
Mar 28 2023Argued. For petitioner: Samir Deger-Sen, New York, N. Y. For respondent: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C.