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. Decision… Read more
A. Cert Grants
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… Read more
Counterman v. Colorado, USSC No. 22-138; cert. granted 1/13/23; reversed 6/27/23 Scotusblog page (containing links to briefs and commentary) Question presented: Whether, to establish that a statement is a “true threat” unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether… Read more
Adam Samia v. United States, USSC No 22-196 ; cert. granted 12/13/22; Scotusblog page (containing links to briefs and commentary) Question presented: Whether admitting a codefendant’s redacted out-of-court confession that immediately inculpates a defendant based on the surrounding context violates the defendant’s rights under the Confrontation Clause of the Sixth Amendment. Samia and 2 co-defendants… Read more
State v. Jovan T. Mull, 2020AP1362, petition for review of a per curiam opinion granted, 5/18/22, case activity (including briefs) Question Presented (from petition): Under binding case law, in reviewing an ineffective assistance claim, the court must defer to a trial attorney’s strategic decisions. Here, the circuit court found Mull’s attorney used reasonable strategies in… Read more
Greer v. United States, No. 19-8709, cert. granted 1/11/21; SCOTUSblog page Question presented: Whether, when applying plain-error review based on an intervening United States Supreme Court decision, Rehaif v. United States, a circuit court of appeals may review matters outside the trial record to determine whether the error affected a defendant’s substantial rights or impacted the… Read more
United States v. Gary, No. 20-444, cert granted 1/8/21; SCOTUSblog page Question presented: Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plain error relief if the district court did not advise him that one element of that offense… Read more
United States v. Palomar-Santiago, No. 20-437, cert granted 1/8/21; SCOTUSblog page Question presented: Whether charges that a non-citizen illegally reentered the United States should be dismissed when the non-citizen’s removal was based on a misclassification of a prior conviction. Under 8 U.S.C. §1326(d), a district court must dismiss an indictment for illegal reentry after deportation… Read more