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SMITH v. UNITED STATES

No. 21-1576.

143 S.Ct. 1594 (2023)

599 U.S. 236

Timothy J. SMITH, Petitioner, v. UNITED STATES.

Supreme Court of United States.

Decided June 15, 2023.

Attorney(s) appearing for the Case

Samir Deger-Sen , New York, NY, for Petitioner.

Sopan Joshi , Washington, DC, for Respondent.

Margaret A. Upshaw , Brent T. Murphy , Latham & Watkins LLP, Washington, DC, Marissa Marandola , Latham & Watkins LLP, Boston, MA, Samir Deger-Sen , Counsel of Record, Peter Trombly , Latham & Watkins LLP, New York, NY, for Petitioner.

Elizabeth B. Prelogar , Solicitor General, Counsel of Record, Kenneth A. Polite, Jr. , Assistant Attorney General, Eric J. Feigin , Deputy Solicitor General, Sopan Joshi , Assistant to the Solicitor General, W. Connor Winn , Attorney, Department of Justice, Washington, DC, for Respondent.

When a conviction is reversed because of a trial error, this Court has long allowed retrial in nearly all circumstances. We consider in this case whether the Constitution requires a different outcome when a conviction is reversed because the prosecution occurred in the wrong venue and before a jury...

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