Breaking News

Smith v. United States

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-1576 11th Cir. TBD TBD TBD TBD TBD

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.

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.