Breaking News

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)
Jul 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.
Jul 14 2022Application (22A20) granted by Justice Sotomayor extending the time to file until September 2, 2022.
Aug 30 2022Petition for a writ of certiorari filed. (Response due October 3, 2022)
Sep 28 2022Motion to extend the time to file a response from October 3, 2022 to November 2, 2022, submitted to The Clerk.
Sep 30 2022Motion to extend the time to file a response is granted and the time is extended to and including November 2, 2022.
Nov 02 2022Brief of respondent United States in opposition filed.
Nov 22 2022DISTRIBUTED for Conference of 12/9/2022.
Nov 22 2022Reply of petitioner Adam Samia filed. (Distributed)
Dec 13 2022Petition GRANTED.
Jan 25 2023Brief of petitioner Adam Samia filed.
Jan 25 2023Joint appendix filed. (Statement of costs filed)
Jan 31 2023SET FOR ARGUMENT on Wednesday, March 29, 2023.
Feb 01 2023Brief amicus curiae of National Association of Federal Defenders filed.
Feb 01 2023Brief amicus curiae of New York Council of Defense Lawyers filed.
Feb 01 2023Brief amici curiae of Retired Federal Judges and Former Federal Prosecutors filed.
Feb 01 2023Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Feb 02 2023Motion for leave to file amici brief out of time filed by Law Professors.
Feb 03 2023Record requested from the U.S.C.A. for the Second Circuit.
Feb 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.
Feb 13 2023CIRCULATED
Feb 24 2023Brief of respondent United States of America filed. (Distributed)
Feb 27 2023Motion for leave to file amici brief out of time filed by Law Professors GRANTED.
Mar 03 2023Brief amici curiae of Pennsylvania, et al. filed. (Distributed)
Mar 10 2023Sealed records received from the USDC-Southern District of New York (1 envelope). The remaining record is available on PACER.
Mar 17 2023Reply of petitioner Adam Samia filed. (Distributed)
Mar 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.
Jun 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.
Jun 28 2023Sealed records returned to the USDC-Southern District of New York (1 envelope).
Jul 25 2023Judgment issued.