Smith v. United States (2023)
In 2018, Smith discovered StrikeLines, a Florida company that used sonar equipment to detect artificial reefs constructed to attract fish.When contacted by StrikeLines, Smith offered to remove social media posts regarding the company on the condition that, in exchange, they disclose to him the coordinates of certain "deep grouper spots" that he had been unable to obtain from the website.Justice Alito begins his opinion by outlining the Court's longstanding rule stating that defendants who have had their convictions reversed may typically be retried on the same charges.Additionally, criticizes Smith's argument that the clause is intended to prevent logistical difficulties present when a case is tried in the improper venue.In his survey of the common law (and of the years immediately following the adoption of the Constitution), he finds no example of a court barring retrial based on a successful venue or vicinage objection.Alito concludes his opinion by stating that the Double Jeopardy Clause does not preclude the possibility for retrial in the case of venue or vicinage objections.