The U.S. Supreme Court has added two notable cases to its 2025-26 term docket that could redefine aspects of the Sixth Amendment and the interpretation of retroactive punishment. One case involves Holsey Ellingburg, sentenced to nearly 27 years for bank robbery, who challenges a restitution order that continues long after his release from prison, arguing it violates the Constitution’s ex post facto clause.
In the second case, David Villareal, facing a 60-year sentence for stabbing his boyfriend in a claimed act of self-defense, questions whether a court can prohibit discussions between him and his attorney about his testimony during a break. This case addresses a significant legal precedent concerning defendants’ rights to counsel, especially in light of varying lower court rulings. Both cases promise to have important implications for defendants’ rights moving forward.
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