Smith v. Arizona

Docket No.	Argument	Opinion	Vote	Author	Term
22-899	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 mans confrontation clause claim (Amy Howe, January 10, 2024)
Government power, from federal agencies to counties, highlights January session (Ellena Erskine, January 9, 2024)
Justices to hear cross-examination dispute over drug analysts testimony (Amy Howe, January 9, 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 (key to color coding)
03/14/2023	Petition for a writ of certiorari filed. (Response due April 17, 2023)
04/07/2023	Waiver of right of respondent Arizona to respond filed.
04/19/2023	DISTRIBUTED for Conference of 5/11/2023.
04/25/2023	Response Requested. (Due May 25, 2023)
05/18/2023	Motion to extend the time to file a response from May 25, 2023 to June 26, 2023, submitted to The Clerk.
05/19/2023	Motion to extend the time to file a response is granted and the time is extended to and including June 26, 2023.
06/26/2023	Brief of respondent Arizona in opposition filed.
07/11/2023	Reply of petitioner Jason Smith filed. (Distributed)
07/12/2023	DISTRIBUTED for Conference of 9/26/2023.
09/29/2023	Petition GRANTED.
11/13/2023	Brief of petitioner Jason Smith filed.
11/13/2023	Joint appendix filed. (Statement of costs filed)
11/17/2023	SET FOR ARGUMENT on Wednesday, January 10, 2024.
11/17/2023	Brief amicus curiae of National College for DUI Defense, Inc. filed.
11/20/2023	Brief amicus curiae of United States in support of neither party filed.
11/20/2023	Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
11/20/2023	Brief amici curiae of Alameda County Public Defender, et al. filed.
11/20/2023	Brief amici curiae of The Innocence Network, Forensic Justice Project, et al.. filed.
11/20/2023	Brief amicus curiae of Richard D. Friedman filed.
11/21/2023	Record requested from the Court of Appeals of Arizona, Division One.
11/28/2023	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
11/30/2023	CIRCULATED
12/07/2023	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.
12/11/2023	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
12/13/2023	Brief of respondent Arizona filed. (Distributed)
12/13/2023	Respondent's request to lodge non-record material pursuant to Rule 32.3 filed.
12/20/2023	Brief amici curiae of American Board of Forensic Toxicology, et al. filed. (Distributed)
12/20/2023	Brief amici curiae of National District Attorneys Association, et al. filed. (Distributed)
12/20/2023	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.)
12/20/2023	Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
12/29/2023	Reply of petitioner Jason Smith filed. (Distributed)
01/10/2024	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.
06/21/2024	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.
07/23/2024	Judgment and Mandate Issued.
08/20/2024	Record returned to the Court of Appeals of Arizona, Division One.