On Point blog, page 1 of 1
SCOTUS to determine whether police need probable cause that an emergency is occurring to invoke emergency aid doctrine and enter a home without a warrant
William T. Case v. Montana, USSC No. 24-624, certiorari granted 6/2/25
SCOTUS added to its docket when it accepted an increasingly rare grant from state criminal proceedings in this Fourth Amendment case:
Whether law enforcement may enter a home without a search warrant based on less than probable cause that an emergency is occurring, or whether the emergency-aid exception requires probable cause.
SCOTUS grants cert to determine whether restitution is penal for purposes of the Ex Post Facto Clause
Holsey Ellingburg, Jr. v. United States, USSC No. 24-557, certiorari granted 4/7/25
SCOTUS added to its 2025-26 docket on April 7, when it granted the petitioner’s cert. petition to address the following:
Whether criminal restitution under the Mandatory Victim Restitution Act (MVRA) is penal for purposes of the Ex Post Facto Clause.
SCOTUS grants cert to determine scope of defendant’s right to discuss matters with counsel during recess in trial testimony.
David Asa Villarreal v. Texas, USSC No. 24-557, certiorari granted 4/7/25
SCOTUS added to its 2025-26 docket this week when it granted the petitioner’s cert. petition to address the following:
Whether a trial court abridges the defendant’s Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendant’s testimony during an overnight recess.