Smith v. United States

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
21-1576	11th Cir.	Mar 28, 2023	Jun 15, 2023	9-0	Alito	OT 2022

Holding: The Constitution permits the retrial of a defendant following a trial in an improper venue conducted before a jury drawn from the wrong district.

Judgment: Affirmed, 9-0, in an opinion by Justice Alito on June 15, 2023.

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Date	Proceedings and Orders (key to color coding)
05/03/2022	Application (21A697) to extend the time to file a petition for a writ of certiorari from May 17, 2022 to June 16, 2022, submitted to Justice Thomas.
05/10/2022	Application (21A697) granted by Justice Thomas extending the time to file until June 16, 2022.
06/16/2022	Petition for a writ of certiorari filed. (Response due July 21, 2022)
07/14/2022	Motion to extend the time to file a response from July 21, 2022 to August 22, 2022, submitted to The Clerk.
07/15/2022	Motion to extend the time to file a response is granted and the time is extended to and including August 22, 2022.
07/21/2022	Motion for leave to file amici brief filed by The Rutherford Institute, et al.
07/28/2022	Motion to extend the time to file a response from August 22, 2022 to September 21, 2022, submitted to The Clerk.
08/01/2022	Motion to extend the time to file a response is granted and the time is further extended to and including September 21, 2022.
09/14/2022	Motion to extend the time to file a response from September 21, 2022 to October 28, 2022, submitted to The Clerk.
09/16/2022	Motion to extend the time to file a response is granted and the time is further extended to and including October 28, 2022.
10/28/2022	Brief of respondent United States in opposition filed.
11/14/2022	Reply of petitioner Timothy J. Smith filed. (Distributed)
11/15/2022	DISTRIBUTED for Conference of 12/2/2022.
11/30/2022	Rescheduled.
12/05/2022	DISTRIBUTED for Conference of 12/9/2022.
12/13/2022	Motion for leave to file amici brief filed by The Rutherford Institute, et al. GRANTED.
12/13/2022	Petition GRANTED.
01/27/2023	Brief of petitioner Timothy J. Smith filed.
01/27/2023	Joint appendix filed. (Statement of costs filed)
01/31/2023	SET FOR ARGUMENT on Tuesday, March 28, 2023.
02/03/2023	Record requested from the U.S.C.A. for the Eleventh Circuit.
02/03/2023	All records from the USCA-11th Circuit are available on PACER. Record request forwarded to the USDC-Northern District of Florida.
02/03/2023	Brief amici curiae of Professor Drew L. Kershen and Professor Brian C. Kalt filed.
02/03/2023	Brief amici curiae of The Rutherford Institute, the Cato Institute, and the National Association for Public Defense filed.
02/03/2023	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
02/13/2023	CIRCULATED
02/22/2023	Record received from the USDC-Northern District of Florida (1 envelope of sealed materials). The remainder of the record is available on PACER.
02/27/2023	Brief of respondent United States filed. (Distributed)
03/17/2023	Reply of petitioner Timothy J. Smith filed. (Distributed)
03/28/2023	Argued. For petitioner: Samir Deger-Sen, New York, N. Y. For respondent: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
06/15/2023	Adjudged to be AFFIRMED. Alito, J., delivered the opinion for a unanimous Court.
06/26/2023	Record returned to the USDC-Northern District of Florida (1 envelope of sealed materials).
07/17/2023	Judgment issued.