Supreme Court of the United States · Official docket →
Aghee William Smith, II v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 22-4508 · judgment September 18, 2024
Certiorari denied · October 6, 2025
Pre-decision estimate: 1% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The courts are split on a critical question: Whether a living witness can be “unavailable” under the Confrontation Clause if the government has made no effort—even through a subpoena—to compel the witness to appear at trial.
Counsel of record
For petitioner
Michael Evan Rayfield
Shook, Hardy & Bacon LLP
For respondent
D. John Sauer
Solicitor General
Proceedings
- Oct 06 2025Petition DENIED.
- Aug 15 2025Reply of petitioner Aghee William Smith, II filed. (Distributed)
- Jul 16 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 02 2025Brief of respondent United States in opposition filed.
- May 29 2025Motion to extend the time to file a response is granted and the time is extended to and including July 2, 2025.
- May 28 2025Motion to extend the time to file a response from June 2, 2025 to July 2, 2025, submitted to The Clerk.
- May 01 2025Response Requested. (Due June 2, 2025)
- Apr 23 2025DISTRIBUTED for Conference of 5/15/2025.
- Apr 21 2025Waiver of right of respondent United States to respond filed.
- Apr 14 2025Petition for a Writ of Certiorari of Aghee William Smith, II not accepted for filing. (April 16, 2025)
- Apr 14 2025Petition for a writ of certiorari filed. (Response due May 16, 2025)
- Feb 07 2025Application (24A766) granted by The Chief Justice extending the time to file until April 14, 2025.
- Jan 22 2025Application (24A766) to extend the time to file a petition for a writ of certiorari from February 13, 2025 to April 14, 2025, submitted to The Chief Justice.