No. 24-1082

Aghee William Smith, II v. United States

Lower Court: Fourth Circuit
Docketed: 2025-04-16
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: confrontation-clause constitutional-law criminal-procedure due-process trial-rights witness-unavailability
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-09-29 (distributed 2 times)
Question Presented (from Petition)

The courts are split on a critical question:
Whether a living witness can be "unavailable" under the Confrontation Clause if the government has made no effort—even through a subpoena—to compel the witness to appear at trial.

Question Presented (AI Summary)

Whether a living witness can be deemed 'unavailable' under the Confrontation Clause if the government has made no effort to compel the witness to appear at trial

Docket Entries

2025-10-06
Petition DENIED.
2025-08-15
Reply of petitioner Aghee William Smith, II filed. (Distributed)
2025-08-15
2025-07-16
DISTRIBUTED for Conference of 9/29/2025.
2025-07-02
Brief of respondent United States in opposition filed.
2025-07-02
Brief of United States in opposition submitted.
2025-05-29
Motion to extend the time to file a response is granted and the time is extended to and including July 2, 2025.
2025-05-28
Motion of United States for an extension of time submitted.
2025-05-28
Motion to extend the time to file a response from June 2, 2025 to July 2, 2025, submitted to The Clerk.
2025-05-01
Response Requested. (Due June 2, 2025)
2025-04-23
DISTRIBUTED for Conference of 5/15/2025.
2025-04-21
Waiver of right of respondent United States to respond filed.
2025-04-21
Waiver of United States of right to respond submitted.
2025-04-14
Petition for a writ of certiorari filed. (Response due May 16, 2025)
2025-02-07
Application (24A766) granted by The Chief Justice extending the time to file until April 14, 2025.
2025-01-22
Application (24A766) to extend the time to file a petition for a writ of certiorari from February 13, 2025 to April 14, 2025, submitted to The Chief Justice.

Attorneys

Aghee Smith
Michael Evan RayfieldShook, Hardy & Bacon LLP, Petitioner
United States
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent
Sarah M. HarrisActing Solicitor General, Respondent