No. 21-1576October Term 2022Decided Jun 15, 2023
Smith v. United States
The Supreme Court unanimously held that when a defendant's conviction is overturned because the trial was held in the wrong legal venue, the Constitution permits the government to retry the defendant in the proper venue.
Case status
- Current stage
- Decided
- Latest event
- Decision released Jun 15, 2023
- What it's about
The Supreme Court unanimously held that when a defendant's conviction is overturned because the trial was held in the wrong legal venue, the Constitution permits the government to retry the defendant in the proper venue. The Court rejected the argument that the Double Jeopardy Clause or Venue Clause requires the charges to be dismissed entirely.
Question presented
Does a criminal trial’s improper venue as to one count require vacatur of the convictions for other counts?
- Case path
United States Court of Appeals for the Eleventh Circuit / Decision released Jun 15, 2023
- Area
Decided Supreme Court case
Documents
Related cases
Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Mar 30, 2026
- Method
- Methodology