Smith v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-8976 | D.C. Cir. | Nov 6, 2012 | Jan 9, 2013 | 9-0 | Scalia | OT 2012 |
Holding: A defendant bears the burden of proving a defense of withdrawal from conspiracy.
Judgment: Affirmed, 9-0, in an opinion by Justice Scalia on January 9, 2013.
SCOTUSblog Coverage
- Opinion analysis: When a defense is just a defense (Gregory Massing, January 14, 2013)
- Argument recap: If it walks like a rabbit-duck . . . (Gregory Massing, November 9, 2012)
- Argument preview: Withdrawal from conspiracy – affirmative defense, or unconstitutional burden shifting? (Gregory Massing, November 1, 2012)
| Date | Proceedings and Orders |
|---|---|
| Feb 27 2012 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2012) |
| Mar 22 2012 | Order extending time to file response to petition to and including April 30, 2012. |
| Apr 25 2012 | Order further extending time to file response to petition to and including May 14, 2012. |
| May 14 2012 | Brief of respondent United States in opposition filed. |
| May 29 2012 | Reply of petitioner Calvin Smith and John Raynor filed. (Distributed) |
| May 30 2012 | DISTRIBUTED for Conference of June 14, 2012. |
| Jun 18 2012 | Motion to proceed in forma pauperis GRANTED. The petition for a writ of certiorari GRANTED limited to Question II presented by the petition. |
| Jul 17 2012 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 20, 2012. |
| Jul 17 2012 | The time to file respondent's brief on the merits is extended to and including October 5, 2012. |
| Jul 17 2012 | Counsel for the petitioner agrees to file any reply brief on the merits on or before October 26, 2012. |
| Jul 23 2012 | SET FOR ARGUMENT ON Tuesday, November 6, 2012 |
| Aug 20 2012 | Joint appendix filed. (Statement of costs filed) |
| Aug 20 2012 | Brief of petitioners Calvin Smith and John Raynor filed. |
| Aug 24 2012 | CIRCULATED. |
| Aug 27 2012 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed) |
| Aug 31 2012 | Record received from U.S.C.A. for District of Columbia Circuit. (3 boxes) |
| Aug 31 2012 | Record received from U.S.D.C. for District of Columbia. (26 boxes) |
| Oct 5 2012 | Brief of respondent United States filed. (Distributed) |
| Oct 26 2012 | Reply of petitioners Calvin Smith and John Raynor filed. (Distributed) |
| Nov 6 2012 | Argued. For petitioners: A. J. Kramer, Federal Public Defender, Washington, D. C. For respondent: Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Jan 9 2013 | Adjudged to be AFFIRMED. Scalia, J., delivered the opinion for a unanimous Court. |
| Feb 11 2013 | JUDGMENT ISSUED. |
| Apr 3 2013 | Record returned to U.S.C.A. for District of Columbia Circuit. |
| Apr 3 2013 | Record returned to U.S.D.C. for the District of Columbia. |
