| Smith v. United States | |
|---|---|
 | |
| Argued March 28, 2023 Decided June 15, 2023 | |
| Full case name | Timothy J. Smith v. United States |
| Docket no. | 21-1576 |
| Citations | 599 U.S. 236 (more) |
| Argument | Oral argument |
| Opinion announcement | Opinion announcement |
| Questions presented | |
| Whether the proper remedy for the government's failure to prove venue is an acquittal barring re-prosecution of the offense, as the Fifth and Eighth Circuits have held, or whether instead the government may re-try the defendant for the same offense in a different venue, as the Sixth, Ninth, Tenth, and Eleventh Circuits have held. | |
| 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. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Alito, joined by unanimous |
| Laws applied | |
| U.S. Const. Art. III, amends. V, VI | |
Smith v. United States, 599 U.S. 236 (2023), is a United States Supreme Court case pertaining to Article III and the Sixth Amendment. The Court held that a defendant may be retried following a jury trial conducted in the improper venue before a jury drawn from the incorrect district.[1][2]
- ^ Cohen, Olivia; Strawbridge Robinson, Kimberly (June 15, 2023). "Retrial OK After Conviction in Wrong Court, Justices Rule". Bloomberg Law. Retrieved June 15, 2023.
- ^ 599 U.S. ___ (2023)
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