Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Smith v United States.
In this case, the court considered this issue: Does a criminal trial’s improper venue as to one count require vacatur of the convictions for other counts?
The case was decided on June 15, 2023.
The Supreme Court held that the Constitution permits the retrial of a defendant following a trial in an improper venue conducted before a jury drawn from the wrong district. Justice Samuel Alito authored the unanimous opinion of the Court.
When a defendant obtains a reversal of a prior, unsatisfied conviction, he may normally be retried, unless retrial would be barred by the Double Jeopardy Clause. Neither text nor precedent suggests that if a defendant is tried in the wrong venue (in violation of the Venue Clause), the appropriate remedy is an exception to the retrial rule. The purpose of the Venue Clause is not the convenience for the defendant, as Smith argued, but to be near the location of the alleged crimes.
Similarly, a trial conducted before a jury drawn from the wrong district (in violation of the Vicinage Clause) does not preclude retrial. The Court has repeatedly acknowledged that retrials are the appropriate remedy for violations of other jury-trial rights, and nothing about the Vicinage Clause suggests it should be treated differently.
Smith’s situation does not implicate the Double Jeopardy Clause. That Clause prohibits retrial of a criminal defendant when a trial terminates with a finding that the defendant’s “criminal culpability had not been established” but does not affect trials that terminate “on a basis unrelated to factual guilt or innocence of the offence of which the defendant is accused.” Reversal of a conviction based on a violation of the Venue or Vicinage Clauses is the latter type because it does not adjudicate the defendant’s culpability.
The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you. 

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