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:

Question presented:

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.

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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:

Question presented:

Whether criminal restitution under the Mandatory Victim Restitution Act (MVRA) is penal for purposes of the Ex Post Facto Clause.

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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:

Question presented:

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.

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