No. 24-1082

Aghee William Smith, II v. United States

Lower Court: Fourth Circuit
Docketed: 2025-04-16
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: confrontation-clause constitutional-law criminal-procedure due-process trial-rights witness-unavailability
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-09-29 (distributed 2 times)
Question Presented (AI Summary)

Whether a living witness can be deemed 'unavailable' under the Confrontation Clause if the government has made no effort to compel the witness to appear at trial

Question Presented (OCR Extract)

The courts are split on a critical question : Whether a living witness can be “unavailable” under the Confrontation Clause if the government has made no effort —even through a subpoena —to compel the witness to appear at trial.

Docket Entries

2025-10-06
Petition DENIED.
2025-08-15
Reply of petitioner Aghee William Smith, II filed. (Distributed)
2025-08-15
2025-07-16
DISTRIBUTED for Conference of 9/29/2025.
2025-07-02
Brief of respondent United States in opposition filed.
2025-07-02
Brief of United States in opposition submitted.
2025-05-29
Motion to extend the time to file a response is granted and the time is extended to and including July 2, 2025.
2025-05-28
Motion of United States for an extension of time submitted.
2025-05-28
Motion to extend the time to file a response from June 2, 2025 to July 2, 2025, submitted to The Clerk.
2025-05-01
Response Requested. (Due June 2, 2025)
2025-04-23
DISTRIBUTED for Conference of 5/15/2025.
2025-04-21
Waiver of right of respondent United States to respond filed.
2025-04-21
Waiver of United States of right to respond submitted.
2025-04-14
Petition for a writ of certiorari filed. (Response due May 16, 2025)
2025-02-07
Application (24A766) granted by The Chief Justice extending the time to file until April 14, 2025.
2025-01-22
Application (24A766) to extend the time to file a petition for a writ of certiorari from February 13, 2025 to April 14, 2025, submitted to The Chief Justice.

Attorneys

Aghee Smith
Michael Evan RayfieldShook, Hardy & Bacon LLP, Petitioner
United States
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent
Sarah M. HarrisActing Solicitor General, Respondent