Smith v. Arizona
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-899 | Ariz. Ct. App. |
Jan 10, 2024 |
Jun 21, 2024 | 9-0 | Kagan | OT 2023 |
Holding: When an expert conveys an absent lab analyst’s statements in support of the expert’s opinion, and the statements provide that support only if true, then the statements come into evidence for their truth, and thus implicate the Sixth Amendment’s confrontation clause.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Kagan on June 21, 2024. Justice Kagan delivered the opinion of the court, in which Justices Sotomayor, Kavanaugh, Barrett, and Jackson joined, and in which Justices Thomas and Gorsuch joined as to Parts I, II, and IV. Justices Thomas and Gorsuch filed opinions concurring in part. Justice Alito filed an opinion concurring in the judgment, in which Chief Justice Roberts joined.
SCOTUSblog Coverage
- Justices send expert witness question back to state court (Amy Howe, June 21, 2024)
- Court appears to favor Arizona man’s confrontation clause claim (Amy Howe, January 10, 2024)
- Justices to hear cross-examination dispute over drug analyst’s testimony (Amy Howe, January 9, 2024)
- Government power, from federal agencies to counties, highlights January session (Ellena Erskine, January 8, 2024)
- Justices schedule major cases on deference to federal agencies (Amy Howe, November 17, 2023)
- Twelve cases added to Supreme Court calendar (Amy Howe, September 29, 2023)
| Date | Proceedings and Orders |
|---|---|
| Mar 14 2023 | Petition for a writ of certiorari filed. (Response due April 17, 2023) |
| Apr 07 2023 | Waiver of right of respondent Arizona to respond filed. |
| Apr 19 2023 | DISTRIBUTED for Conference of 5/11/2023. |
| Apr 25 2023 | Response Requested. (Due May 25, 2023) |
| May 18 2023 | Motion to extend the time to file a response from May 25, 2023 to June 26, 2023, submitted to The Clerk. |
| May 19 2023 | Motion to extend the time to file a response is granted and the time is extended to and including June 26, 2023. |
| Jun 26 2023 | Brief of respondent Arizona in opposition filed. |
| Jul 11 2023 | Reply of petitioner Jason Smith filed. (Distributed) |
| Jul 12 2023 | DISTRIBUTED for Conference of 9/26/2023. |
| Sep 29 2023 | Petition GRANTED. |
| Nov 13 2023 | Brief of petitioner Jason Smith filed. |
| Nov 13 2023 | Joint appendix filed. (Statement of costs filed) |
| Nov 17 2023 | SET FOR ARGUMENT on Wednesday, January 10, 2024. |
| Nov 17 2023 | Brief amicus curiae of National College for DUI Defense, Inc. filed. |
| Nov 20 2023 | Brief amicus curiae of United States in support of neither party filed. |
| Nov 20 2023 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| Nov 20 2023 | Brief amici curiae of Alameda County Public Defender, et al. filed. |
| Nov 20 2023 | Brief amici curiae of The Innocence Network, Forensic Justice Project, et al.. filed. |
| Nov 20 2023 | Brief amicus curiae of Richard D. Friedman filed. |
| Nov 21 2023 | Record requested from the Court of Appeals of Arizona, Division One. |
| Nov 28 2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Nov 30 2023 | CIRCULATED |
| Dec 07 2023 | Record received from the Court of Appeals of Arizona, Division One (one envelope). The remainder of the record is electronic and is available with the Clerk. |
| Dec 11 2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Dec 13 2023 | Brief of respondent Arizona filed. (Distributed) |
| Dec 13 2023 | Respondent's request to lodge non-record material pursuant to Rule 32.3 filed. |
| Dec 20 2023 | Brief amici curiae of American Board of Forensic Toxicology, et al. filed. (Distributed) |
| Dec 20 2023 | Brief amici curiae of National District Attorneys Association, et al. filed. (Distributed) |
| Dec 20 2023 | Brief amici curiae of Colorado, et al. filed. (Distributed). (Corrected paper form of brief received and distributed--December 28, 2023--original electronic submission contains correction.) |
| Dec 20 2023 | Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed) |
| Dec 29 2023 | Reply of petitioner Jason Smith filed. (Distributed) |
| Jan 10 2024 | Argued. For petitioner: Hari Santhanam, Chicago, Ill. For United States, as amicus curiae: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Alexander W. Samuels, Principal Deputy Solicitor General, Phoenix, Ariz. |
| Jun 21 2024 | Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Sotomayor, Kavanaugh, Barrett, and Jackson, JJ., joined, and in which Thomas and Gorsuch, JJ., joined as to Parts I, II, and IV. Thomas, J., and Gorsuch, J., filed opinions concurring in part. Alito, J., filed an opinion concurring in the judgment, in which Roberts, C. J., joined. |
| Jul 23 2024 | Judgment and Mandate Issued. |
| Aug 20 2024 | Record returned to the Court of Appeals of Arizona, Division One. |
