4 ms·
I find it fascinating that the precedent for the decision -- to vacate charges due to improper venue -- is established by the court by going all the way back to
by amitparikh 13y ago
I find it fascinating that the precedent for the decision -- to vacate charges due to improper venue -- is established by the court by going all the way back to the Declaration of Independence and the Constitution.
The proper place of colonial trials was so
important to the founding generation that it was listed as a
grievance in the Declaration of Independence. See The
Declaration of Independence para. 21 (U.S. 1776) (objecting
to “transporting us beyond seas to be tried for pretended
offences”). It was of such concern that the Constitution of the
United States “twice safeguards the defendant’s venue right.”
United States v. Cabrales, 524 U.S. 1, 6 (1998). Article III
requires that “the Trial of all Crimes . . . shall be held in the
State where the said Crimes shall have been committed.”
U.S. Const. art. III, § 2, cl. 3. The Sixth Amendment further
provides that “[i]n all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an impartial
jury of the State and district wherein the crime shall have
been committed.”
- _delirium 13y agoThat's a little weaker than precedent; they're mostly citing it just as generic historical background, support for the introductory scene-setting observation that venue is an important matter rather than a mere procedural technicality. But their actual analysis of whether venue is proper in NJ, and whether vacating the conviction is proper if not, doesn't rely on that.
- ryandrake 13y agoHow does this square with the jurisdiction shopping that patent trolls do, to their great advantage. Somehow, everyone who infringes on a patent does so while in the eastern district of Texas?
- Sanddancer 13y agoMost of the patent trolling companies set up a division or the like in eastern Texas in order to establish venue.
- sitkack 13y agoBut those are scams, they don't actually do business there. Those suits should be thrown out.