Courthouse Steps Oral Argument Combo: Smith v. United States & Samia v. United States -Cases on Criminal Law Procedure

In this two-for-one Teleforum, we covered two cases with questions concerning criminal law and procedure that are set to be argued before the Court. On March 28, 2023, the Supreme Court heard oral argument in Smith v. United States. Two issues were presented to the Court by this case.One, whether, when there are multiple charges associated with a trial, lack of venue as to one count requires vacatur of the convictions for other counts?Two, what is the proper remedy when someone is tried in an improper venue? Is the government’s failure to prove venue equal to an acquittal barring re-prosecution of the offense, or can the government may re-try the defendant for the same offense in a different venue?The next day, the Supreme Court heard oral argument in Samia v. United States. In it, the Court considered whether the admission of a codefendant’s redacted out-of-court confession that incriminates the defendant due to its content violates the Confrontation Clause of the Sixth Amendment.In this recorded webinar, we broke down and analyzed how oral argument went before the Court in these two cases, united by the Court before which they are set to be argued and the fact they pose questions of proper procedure in criminal cases. Featuring: --Robert McBride, Partner-in-Charge, Northern Kentucky, Taft Stettinius & Hollister LLP