On Point blog, page 1 of 1
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.