Wednesday, March 29, 2023
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.