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Neilly v. Michigan

Petition for a writ of certiorari granted on January 26, 2026. The judgment is vacated, and the case is remanded to the the Supreme Court of Michigan for further consideration in light of Ellingburg v. United States.

Docket No. Op. BelowArgument Opinion Vote Author Term
24-395 Mich. TBD TBD TBD TBD TBD

Issue: Whether restitution ordered as part of a criminal sentence is punishment for purposes of the Constitution's ex post facto clause.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
10/07/2024Petition for a writ of certiorari filed. (Response due November 8, 2024)
11/19/2024DISTRIBUTED for Conference of 12/6/2024.
11/25/2024Response Requested. (Due December 26, 2024)
12/17/2024Motion to extend the time to file a response from December 26, 2024 to January 27, 2025, submitted to The Clerk.
12/18/2024Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2025.
01/27/2025Brief of respondent Michigan in opposition filed.
01/29/2025Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
02/05/2025DISTRIBUTED for Conference of 2/21/2025.
02/05/2025Reply of petitioner William Edward Neilly filed. (Distributed)
02/13/2025Rescheduled.
02/24/2025DISTRIBUTED for Conference of 2/28/2025.
03/03/2025DISTRIBUTED for Conference of 3/7/2025.
03/17/2025DISTRIBUTED for Conference of 3/21/2025.
03/24/2025DISTRIBUTED for Conference of 3/28/2025.
03/31/2025DISTRIBUTED for Conference of 4/4/2025.
01/20/2026DISTRIBUTED for Conference of 1/23/2026.
01/26/2026Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Ellingburg v. United States, 607 U. S. ___ (2026).