On Point blog, page 1 of 1
SCOTUS: Second habeas petition filed while first petition pending on appeal must clear procedural hurdle before claim may be considered on its merits.
Rivers v. Guerrero, USSC No. 23-1345, 6/12/2025; Scotusblog page (with links to briefs and commentary)
A unanimous SCOTUS held that a habeas petitioner’s second filing asserting a new claim for relief, submitted after the district court entered judgment with respect to the first filing but while the first filing was pending on appeal, qualifies as a “second or successive” petition and must be approved by the court of appeals before considered by the district court.
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.