CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, March 29, 2023

Holland on Venue Rights and Remedies

Brooks Holland (Gonzaga University School of Law) has posted Venue Rights and Remedies: Does a Constitutional Venue Violation Preclude a Retrial? (50.6 A.B.A. Supreme Court Preview Journal 45 (2023)) on SSRN. Here is the abstract:
This article previews the pending U.S. Supreme Court case of Smith v. United States, to be argued on March 28, 2023. This case will resolve a circuit split in whether a violation of the constitutional requirement of venue for a federal criminal trial precludes re-prosecution of the defendant, or instead permits re-trial in a proper venue.

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