Ellingburg v. United States
Issue: Whether criminal restitution under the Mandatory Victim Restitution Act is penal for purposes of the Constitution's ex post facto clause.
SCOTUSblog Coverage
- Justices appoint lawyer to argue restitution case in the fall (Amy Howe, May 20, 2025)
- Court adds two cases on Sixth Amendment and retroactive punishment to fall docket (Amy Howe, April 7, 2025)
- Limiting a defendant's ability to confer with counsel during a murder trial (John Elwood, April 3, 2025)
- Justices consider next steps in murder case in which prosecution admits error (John Elwood, March 20, 2025)
- Restitution, medical malpractice, and a capital appeal (John Elwood, March 7, 2025)
- Missouri man appeals death sentence after attorneys failed to press jury foreman's bias (Kalvis Golde, February 8, 2025)
| Date | Proceedings and Orders |
|---|---|
| 10/25/2024 | Petition for a writ of certiorari filed. (Response due November 29, 2024) |
| 11/04/2024 | Waiver of right of respondent United States to respond filed. |
| 11/06/2024 | DISTRIBUTED for Conference of 11/22/2024. |
| 11/07/2024 | Response Requested. (Due December 9, 2024) |
| 12/04/2024 | Motion to extend the time to file a response from December 9, 2024 to January 8, 2025, submitted to The Clerk. |
| 12/06/2024 | Motion to extend the time to file a response is granted and the time is extended to and including January 8, 2025. |
| 12/23/2024 | Motion to extend the time to file a response from January 8, 2025 to February 7, 2025, submitted to The Clerk. |
| 12/26/2024 | Motion to extend the time to file a response is granted and the time is further extended to and including February 7, 2025. |
| 02/07/2025 | Brief of respondent United States in opposition filed. |
| 02/10/2025 | Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner. |
| 02/11/2025 | Reply of petitioner Holsey Ellingburg, Jr. filed. (Distributed) |
| 02/12/2025 | DISTRIBUTED for Conference of 2/28/2025. |
| 03/03/2025 | DISTRIBUTED for Conference of 3/7/2025. |
| 03/17/2025 | DISTRIBUTED for Conference of 3/21/2025. |
| 03/24/2025 | DISTRIBUTED for Conference of 3/28/2025. |
| 03/31/2025 | DISTRIBUTED for Conference of 4/4/2025. |
| 04/07/2025 | Petition GRANTED. |
| 05/07/2025 | Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed. |
| 05/12/2025 | Letter of respondent United States notifying the Court that the government will be filing a merits brief in support of the petitioner on the question presented, filed. |
| 05/13/2025 | Motion to extend the time to file the joint appendix and petitioner's brief on the merits is granted, and the time is extended to and including June 23, 2025. |
| 05/15/2025 | John F. Bash, Esquire, of Austin, Texas, is invited to brief and argue this case, as amicus curiae, in support of the judgment below. |
| 05/15/2025 | John. |