October Term 2004 · Docket 03-8661
Can a judge reverse an acquittal before the trial ends?
Smith argues a judge cannot undo an acquittal. Massachusetts argues a judge can correct errors before the trial concludes.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Smith's lawyer argued the judge found Smith not guilty. He claimed this gave Smith final protection. He said the judge's later change violated double jeopardy.
Massachusetts's lawyer argued the trial court could correct its error. She said the prosecution needs a fair chance to prove its case.
Justice Breyer questioned the timing of the acquittal. He asked when it becomes final for double jeopardy purposes.
Justice Kennedy asked why a state court cannot act like a statute does. He questioned the difference between legislative and judicial action.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 26, lines 29-7 — Transcript, file page 26, lines 29-7
- Official Supreme Court Transcript — file page 3, lines 15-41 — Transcript, file page 3, lines 15-41
- Official Supreme Court Transcript — file page 3, lines 43-11 — Transcript, file page 3, lines 43-11
- Official Supreme Court Transcript — file page 3, lines 5-13 — Transcript, file page 3, lines 5-13
- Official Supreme Court Transcript — file page 4, lines 31-41 — Transcript, file page 4, lines 31-41
- Official Supreme Court Transcript — file page 4, lines 47-5 — Transcript, file page 4, lines 47-5
- Official Supreme Court Transcript — file page 43, lines 47-9 — Transcript, file page 43, lines 47-9
- Official Supreme Court Transcript — file page 5, lines 15-41 — Transcript, file page 5, lines 15-41
- Official Supreme Court Transcript — file page 6, lines 41-45 — Transcript, file page 6, lines 41-45
- Official Supreme Court Transcript — file page 6, lines 49-3 — Transcript, file page 6, lines 49-3
- Official Supreme Court Transcript — file page 6, lines 9-17 — Transcript, file page 6, lines 9-17
- Official Supreme Court Transcript — file page 7, lines 19-19 — Transcript, file page 7, lines 19-19
- Official Supreme Court Transcript — file page 7, lines 31-41 — Transcript, file page 7, lines 31-41
- Official Supreme Court Transcript — file page 7, lines 9-13 — Transcript, file page 7, lines 9-13
- Official Supreme Court Transcript — file page 8, lines 1-3 — Transcript, file page 8, lines 1-3
- Official Supreme Court Transcript — file page 8, lines 7-9 — Transcript, file page 8, lines 7-9
A citizen's guide to the whole case
What this case is about
The case tests whether a trial judge can reverse an acquittal before the trial ends. Smith claims this violates double jeopardy. Massachusetts claims the judge can correct errors before the trial concludes.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 29-7 — Transcript, file page 26, lines 29-7
- Official Supreme Court Transcript — file page 3, lines 15-41 — Transcript, file page 3, lines 15-41
- Official Supreme Court Transcript — file page 43, lines 47-9 — Transcript, file page 43, lines 47-9
How the case got here
The Supreme Court heard oral argument in this case on December 1, 2004.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-13 — Transcript, file page 3, lines 5-13
What each side wants
Smith wants the conviction overturned. He argues the judge cannot undo an acquittal.
Massachusetts wants the conviction to stand. It argues the judge can correct errors before the trial ends.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 29-7 — Transcript, file page 26, lines 29-7
- Official Supreme Court Transcript — file page 3, lines 15-41 — Transcript, file page 3, lines 15-41
- Official Supreme Court Transcript — file page 43, lines 47-9 — Transcript, file page 43, lines 47-9
What each side says
Smith argues an acquittal ends the case. He claims the judge cannot reverse that finding later.
Massachusetts argues the trial was not over. It claims the judge can correct errors before the trial concludes.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 29-7 — Transcript, file page 26, lines 29-7
- Official Supreme Court Transcript — file page 3, lines 15-41 — Transcript, file page 3, lines 15-41
- Official Supreme Court Transcript — file page 43, lines 47-9 — Transcript, file page 43, lines 47-9
What the justices asked
Justice Breyer asked when an acquittal counts for double jeopardy purposes.
Justice Kennedy asked why a state court cannot act like a statute does.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 43-11 — Transcript, file page 3, lines 43-11
- Official Supreme Court Transcript — file page 4, lines 31-41 — Transcript, file page 4, lines 31-41
- Official Supreme Court Transcript — file page 4, lines 47-5 — Transcript, file page 4, lines 47-5
- Official Supreme Court Transcript — file page 5, lines 15-41 — Transcript, file page 5, lines 15-41
- Official Supreme Court Transcript — file page 6, lines 41-45 — Transcript, file page 6, lines 41-45
- Official Supreme Court Transcript — file page 6, lines 49-3 — Transcript, file page 6, lines 49-3
- Official Supreme Court Transcript — file page 6, lines 9-17 — Transcript, file page 6, lines 9-17
- Official Supreme Court Transcript — file page 7, lines 19-19 — Transcript, file page 7, lines 19-19
- Official Supreme Court Transcript — file page 7, lines 31-41 — Transcript, file page 7, lines 31-41
- Official Supreme Court Transcript — file page 7, lines 9-13 — Transcript, file page 7, lines 9-13
- Official Supreme Court Transcript — file page 8, lines 1-3 — Transcript, file page 8, lines 1-3
- Official Supreme Court Transcript — file page 8, lines 7-9 — Transcript, file page 8, lines 7-9
Why it matters
This case defines when a judge can change a verdict. It affects how states handle trial errors. It shapes the finality of criminal judgments.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 29-7 — Transcript, file page 26, lines 29-7
- Official Supreme Court Transcript — file page 3, lines 15-41 — Transcript, file page 3, lines 15-41
- Official Supreme Court Transcript — file page 43, lines 47-9 — Transcript, file page 43, lines 47-9
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 43-11 — Transcript, file page 3, lines 43-11
- Official Supreme Court Transcript — file page 3, lines 5-13 — Transcript, file page 3, lines 5-13
- Official Supreme Court Transcript — file page 4, lines 31-41 — Transcript, file page 4, lines 31-41
- Official Supreme Court Transcript — file page 4, lines 47-5 — Transcript, file page 4, lines 47-5
- Official Supreme Court Transcript — file page 5, lines 15-41 — Transcript, file page 5, lines 15-41
- Official Supreme Court Transcript — file page 6, lines 41-45 — Transcript, file page 6, lines 41-45
- Official Supreme Court Transcript — file page 6, lines 49-3 — Transcript, file page 6, lines 49-3
- Official Supreme Court Transcript — file page 6, lines 9-17 — Transcript, file page 6, lines 9-17
- Official Supreme Court Transcript — file page 7, lines 19-19 — Transcript, file page 7, lines 19-19
- Official Supreme Court Transcript — file page 7, lines 31-41 — Transcript, file page 7, lines 31-41
- Official Supreme Court Transcript — file page 7, lines 9-13 — Transcript, file page 7, lines 9-13
- Official Supreme Court Transcript — file page 8, lines 1-3 — Transcript, file page 8, lines 1-3
- Official Supreme Court Transcript — file page 8, lines 7-9 — Transcript, file page 8, lines 7-9
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 26, lines 29-7 — Transcript, file page 26, lines 29-7
- Official Supreme Court Transcript — file page 3, lines 15-41 — Transcript, file page 3, lines 15-41
- Official Supreme Court Transcript — file page 43, lines 47-9 — Transcript, file page 43, lines 47-9
- Official Supreme Court Transcript — file page 26, lines 29-7 — Transcript, file page 26, lines 29-7
- Official Supreme Court Transcript — file page 3, lines 15-41 — Transcript, file page 3, lines 15-41
- Official Supreme Court Transcript — file page 43, lines 47-9 — Transcript, file page 43, lines 47-9
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.