No. 21-1576
Timothy J. Smith v. United States
Tags: acquittal circuit-split constitutional-right criminal-procedure double-jeopardy due-process reprosecution retrial trial-remedy venue
Key Terms:
FifthAmendment TradeSecret Privacy JusticiabilityDoctri
FifthAmendment TradeSecret Privacy JusticiabilityDoctri
Latest Conference:
2022-12-09
(distributed 2 times)
Question Presented (AI Summary)
Whether the proper remedy for the government's failure to prove venue is an acquittal barring reprosecution of the offense
Question Presented (OCR Extract)
QUESTION PRESENTED Whether the proper remedy for the government’s failure to prove venue is an acquittal barring reprosecution of the offense, as the Fifth and Eighth Circuits have held, or whether instead the government may re-try the defendant for the same offense in a different venue, as the Sixth, Ninth, Tenth, and Eleventh Circuits have held.
Docket Entries
2023-07-17
Judgment issued.
2023-06-26
Record returned to the USDC-Northern District of Florida (1 envelope of sealed materials).
2023-06-15
Adjudged to be AFFIRMED. Alito, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-1576_e29g.pdf'>opinion</a> for a unanimous Court.
2023-03-28
Argued. For petitioner: Samir Deger-Sen, New York, N. Y. For respondent: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
2023-03-17
Reply of petitioner Timothy J. Smith filed. (Distributed)
2023-02-27
Brief of respondent United States filed. (Distributed)
2023-02-22
Record received from the USDC-Northern District of Florida (1 envelope of sealed materials). The remainder of the record is available on PACER.
2023-02-13
CIRCULATED
2023-02-03
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2023-02-03
Brief amici curiae of The Rutherford Institute, the Cato Institute, and the National Association for Public Defense filed.
2023-02-03
Brief amici curiae of Professor Drew L. Kershen and Professor Brian C. Kalt filed.
2023-02-03
All records from the USCA-11th Circuit are available on PACER. Record request forwarded to the USDC-Northern District of Florida.
2023-02-03
Record requested from the U.S.C.A. for the Eleventh Circuit.
2023-01-31
SET FOR ARGUMENT on Tuesday, March 28, 2023.
2023-01-27
Joint appendix filed. (Statement of costs filed)
2023-01-27
Brief of petitioner Timothy J. Smith filed.
2022-12-13
Petition GRANTED.
2022-12-13
Motion for leave to file amici brief filed by The Rutherford Institute, et al. GRANTED.
2022-12-05
DISTRIBUTED for Conference of 12/9/2022.
2022-11-30
Rescheduled.
2022-11-15
DISTRIBUTED for Conference of 12/2/2022.
2022-11-14
Reply of petitioner Timothy J. Smith filed. (Distributed)
2022-10-28
Brief of respondent United States in opposition filed.
2022-09-16
Motion to extend the time to file a response is granted and the time is further extended to and including October 28, 2022.
2022-09-14
Motion to extend the time to file a response from September 21, 2022 to October 28, 2022, submitted to The Clerk.
2022-08-01
Motion to extend the time to file a response is granted and the time is further extended to and including September 21, 2022.
2022-07-28
Motion to extend the time to file a response from August 22, 2022 to September 21, 2022, submitted to The Clerk.
2022-07-21
Motion for leave to file amici brief filed by The Rutherford Institute, et al.
2022-07-15
Motion to extend the time to file a response is granted and the time is extended to and including August 22, 2022.
2022-07-14
Motion to extend the time to file a response from July 21, 2022 to August 22, 2022, submitted to The Clerk.
2022-06-16
Petition for a writ of certiorari filed. (Response due July 21, 2022)
2022-05-10
Application (21A697) granted by Justice Thomas extending the time to file until June 16, 2022.
2022-05-03
Application (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.
Attorneys
National Association of Criminal Defense Lawyers
Jeffrey T. Green — Sidley Austin, Amicus
Professor Drew L. Kershen and Professor Brian C. Kalt
The Rutherford Institute, the Cato Institute, and the National Association for Public Defense
Timothy J. Smith
Samir Ibrahim Deger-Sen — Latham & Watkins LLP, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent