Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

Smith v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
11-8976 D.C. Cir. Nov 6, 2012
Tr.Aud.
Jan 9, 2013 9-0 Scalia OT 2012

Holding: A defendant bears the burden of proving a defense of withdrawal from conspiracy.

Judgment: Affirmed, 9-0, in an opinion by Justice Scalia on January 9, 2013.

SCOTUSblog Coverage

DateProceedings and Orders
Feb 27 2012Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2012)
Mar 22 2012Order extending time to file response to petition to and including April 30, 2012.
Apr 25 2012Order further extending time to file response to petition to and including May 14, 2012.
May 14 2012Brief of respondent United States in opposition filed.
May 29 2012Reply of petitioner Calvin Smith and John Raynor filed. (Distributed)
May 30 2012DISTRIBUTED for Conference of June 14, 2012.
Jun 18 2012Motion to proceed in forma pauperis GRANTED. The petition for a writ of certiorari GRANTED limited to Question II presented by the petition.
Jul 17 2012The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 20, 2012.
Jul 17 2012The time to file respondent's brief on the merits is extended to and including October 5, 2012.
Jul 17 2012Counsel for the petitioner agrees to file any reply brief on the merits on or before October 26, 2012.
Jul 23 2012SET FOR ARGUMENT ON Tuesday, November 6, 2012
Aug 20 2012Joint appendix filed. (Statement of costs filed)
Aug 20 2012Brief of petitioners Calvin Smith and John Raynor filed.
Aug 24 2012CIRCULATED.
Aug 27 2012Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Aug 31 2012Record received from U.S.C.A. for District of Columbia Circuit. (3 boxes)
Aug 31 2012Record received from U.S.D.C. for District of Columbia. (26 boxes)
Oct 5 2012Brief of respondent United States filed. (Distributed)
Oct 26 2012Reply of petitioners Calvin Smith and John Raynor filed. (Distributed)
Nov 6 2012Argued. For petitioners: A. J. Kramer, Federal Public Defender, Washington, D. C. For respondent: Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jan 9 2013Adjudged to be AFFIRMED. Scalia, J., delivered the opinion for a unanimous Court.
Feb 11 2013JUDGMENT ISSUED.
Apr 3 2013Record returned to U.S.C.A. for District of Columbia Circuit.
Apr 3 2013Record returned to U.S.D.C. for the District of Columbia.
 
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