- Posted January 11, 2013
- Tweet This | Share on Facebook
SUPREME COURT NOTEBOOK
Defendant must prove abandoning conspiracy
WASHINGTON (AP) -- The Supreme Court says it is up to defendants to prove they withdrew from criminal conspiracies in time to take advantage of a five-year statute of limitations on prosecution.
The high court unanimously ruled against Calvin Smith, who was convicted for his role in a drug organization in Washington, D.C.
He says he shouldn't have been convicted as part of the conspiracy because he was in prison on another crime for the last six years. He argued that the government should be forced to prove that he participated in the conspiracy within the time limit.
But Justice Antonin Scalia says prosecutors only need prove that the conspiracy continued past the statute of limitations cut-off. The justice says the "burden of establishing withdrawal before that cut-off rests upon the defendant."
Published: Fri, Jan 11, 2013
headlines Oakland County
- Historical: Circuit Court judge has made indelible mark
- ABA amicus brief supports noncitizens’ right to a bond hearing when detention becomes ‘unreasonably prolonged’
- Nessel secures full victory in lawsuit challenging administration’s attack on fair housing protections
- Whitmer announces new automotive jobs, investment in Oakland County
- AG pushes federal government to strengthen rules to combat illegal robocalls
headlines National
- Lindsay Clancy trial shows how hard it is to prove intent retroactively
- Is there a religious right to abortion? State supreme court will weigh in
- Harvey raises $550M in latest round of funding
- Vanderbilt law students will gain access to AI-powered deposition simulations
- Federal judges’ interns may accept stipends from law firms, ethics panel says
- Former lawyer who pulled gun on ex-wife in restaurant convicted of attempted murder




