Supreme Court of the United States, Smith v. United States (2023)
“ When a conviction is reversed because of a trial error, this Court has long allowed retrial in nearly all circumstances. We consider in this case whether the Constitution requires a different outcome when a conviction is reversed because the prosecution occurred in the wrong venue and before a jury drawn from the wrong location. We hold that it does not. ”
Supreme Court of the United States, Smith v. United States (2023)
“ Smith primarily argues that the Venue Clause aims to prevent the infliction of additional harm on a defendant who has already undergone the hardship of an initial trial in a distant and improper place. But any criminal trial, whether or not in the right venue, imposes hardship, and any retrial after a reversal for trial error adds to that initial harm. Indeed, in some cases, the lost time, emotional burden, and expense of a flawed initial trial in a defendant’s home State may exceed the hardship of an initial trial in a State that is nearby but improper under the Venue Clause. ”
Supreme Court of the United States, Smith v. United States (2023)
“ The State in which a crime is committed may be far from a defendant’s residence. For example, a resident of New York charged with committing a crime during a short visit to Hawaii may be tried in Hawaii under the Venue Clause even though that trial may be very inconvenient. Equally telling, the Clause would preclude trial for that crime in New York unless it somehow extended to the State. ”
