- 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
- Whitmer signs gun violence prevention legislation
- Department of Attorney General conducts statewide warrant sweep, arrests 9
- Adoptive families across Michigan recognized during Adoption Day and Month
- Reproductive Health Act signed into law
- Case study: Documentary highlights history of courts in the Eastern District
headlines National
- NextGen UBE ‘blueprint’ welcome, but more info on new bar exams needed, sources say
- ACLU and BigLaw firm use ‘Orange is the New Black’ in hashtag effort to promote NY jail reform
- Lawyer accused of hitting rapper Fat Joe’s process server with his car
- Trump administration sues Maryland federal court and its judges over standing order on deportations
- Law firms consider increasing capital contributions by equity partners
- BigLaw firm lays off 5% of business professional staff