Most Justices Skeptical of Retrial Claim in Wrong Venue Case (1)

The US Supreme Court appeared unconvinced that trying a criminal case in the wrong place precludes prosecuting it again at the correct venue.

Several justices at argument on Tuesday suggested a retrial prohibition went too far in addressing a constitutional requirement that prosecutors bring cases in the district where the crime occurred. It’s a concept referred to as proper venue.

“There are many treatises from the founding era and extending into the 19th century” that support the ability to retry a defendant, Justice Samuel Alito said.

And Justice Clarence Thomas said the normal remedy for constitutional errors is to retry ...