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Samia v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
22-196 2nd Cir. Mar 29, 2023 Jun 23, 2023 6-3 Thomas OT 2022

Holding: The admission of a nontestifying codefendant"s confession did not violate the Sixth Amendment"s confrontation clause where the confession as modified did not directly inculpate the defendant but used the descriptor "other person" and the jury was instructed to consider the confession only as to the codefendant.

Judgment: Affirmed, 6-3, in an opinion by Justice Thomas on June 23, 2023. Justice Thomas delivered the opinion of the court, in which Chief Justice Roberts and Justices Alito, Gorsuch, and Kavanaugh joined, and in which Justice Barrett joined as to all but Part II-A. Justice Barrett filed an opinion concurring in part and concurring in the judgment. Justice Kagan filed a dissenting opinion, in which Justices Sotomayor and Jackson joined. Justice Jackson filed a dissenting opinion.

DateProceedings and Orders (key to color coding)
07/07/2022Application (22A20) to extend the time to file a petition for a writ of certiorari from July 19, 2022 to September 2, 2022, submitted to Justice Sotomayor.
07/14/2022Application (22A20) granted by Justice Sotomayor extending the time to file until September 2, 2022.
08/30/2022Petition for a writ of certiorari filed. (Response due October 3, 2022)
09/28/2022Motion to extend the time to file a response from October 3, 2022 to November 2, 2022, submitted to The Clerk.
09/30/2022Motion to extend the time to file a response is granted and the time is extended to and including November 2, 2022.
11/02/2022Brief of respondent United States in opposition filed.
11/22/2022DISTRIBUTED for Conference of 12/9/2022.
11/22/2022Reply of petitioner Adam Samia filed. (Distributed)
12/13/2022Petition GRANTED.
01/25/2023Brief of petitioner Adam Samia filed.
01/25/2023Joint appendix filed. (Statement of costs filed)
01/31/2023SET FOR ARGUMENT on Wednesday, March 29, 2023.
02/01/2023Brief amicus curiae of National Association of Federal Defenders filed.
02/01/2023Brief amicus curiae of New York Council of Defense Lawyers filed.
02/01/2023Brief amici curiae of Retired Federal Judges and Former Federal Prosecutors filed.
02/01/2023Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
02/02/2023Motion for leave to file amici brief out of time filed by Law Professors.
02/03/2023Record requested from the U.S.C.A. for the Second Circuit.
02/06/2023All records from the USCA-2nd Circuit were transmitted electronically (including sealed materials). Record request forwarded to the USDC-Southern District of New York.
02/13/2023CIRCULATED
02/24/2023Brief of respondent United States of America filed. (Distributed)
02/27/2023Motion for leave to file amici brief out of time filed by Law Professors GRANTED.
03/03/2023Brief amici curiae of Pennsylvania, et al. filed. (Distributed)
03/10/2023Sealed records received from the USDC-Southern District of New York (1 envelope). The remaining record is available on PACER.
03/17/2023Reply of petitioner Adam Samia filed. (Distributed)
03/29/2023Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Caroline A. Flynn, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
06/23/2023Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, and Kavanaugh, JJ., joined, and in which Barrett, J., joined as to all but Part II–A. Barrett, J., filed an opinion concurring in part and concurring in the judgment. Kagan, J., filed a dissenting opinion, in which Sotomayor and Jackson, JJ., joined. Jackson, J., filed a dissenting opinion.
06/28/2023Sealed records returned to the USDC-Southern District of New York (1 envelope).
07/25/2023Judgment issued.