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SMITH v. UNITED STATES

Docket No.: 11-8976
Certiorari Granted: Jun 18 2012
Argued: November 6, 2012
Decided: January 9, 2013

Topics:

statute of limitations, Confrontation Clause, Constitutional Law, Criminal Justice Act of 1964, Due Process, Equal Protection Clause, Fifth Amendment, Fourteenth Amendment, RICO, Sixth Amendment, Sufficiency of Evidence, Trial by Jury, abuse of discretion, disparate treatment, habeas, harmless error, ineffective assistance of counsel, jury selection, murder, racial discrimination, self-incrimination

PartyNames: Calvin Smith v. United States
Petitioner: Calvin Smith
Respondent: United States

Court Below: United States Court of Appeals for the District of Columbia Circuit
Citation: 651 F3d 30
Lower Court Decision
Supreme Court Docket
Supreme Court Observer Blog Post for SMITH v. UNITED STATES

Calvin Smith
v.
United States
Consideration Limited:

GRANTED LIMITED TO QUESTION II PRESENTED BY THE PETITION.

Question Presented:

I. Whether in reviewing a claim under Batson v. Kentucky, 476 U.S. 79 (1986), an appellate court must 1) apply de novo review where a federal trial judge failed to make specific findings on the question whether the prosecution's proffered justifications for challenged peremptory strikes were pretextual; and 2) review each of the government's explanations for each challenged strike where the prosecution proffered multiple explanations for certain peremptory strikes. II. Whether withdrawing from a conspiracy prior to the statute of limitations period negates an element of a conspiracy charge such that, once a defendant meets his burden of production that he did so withdraw, the burden of persuasion rests with the government to prove beyond a reasonable doubt that he was a member of the conspiracy during the relevant period -- a fundamental due process question that is the subject of a well-developed circuit split.

SMITH v. UNITED STATES
ORAL ARGUMENT

November 6, 2012

Listen to Oral Argument in SMITH v. UNITED STATES
Holding: AFFIRMED
Vote: 9-0
For more coverage on SMITH v. UNITED STATES please see our blog posting.
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