Supreme Court Decision Syllabus (SCOTUS Podcast)
We Read The Supreme Court's own Syllabus or Per Curium word for word, then maybe say hin then shut the microphone back off.
We are the Antidote to Mainstream News and Entertainment-Hype Style coverage of the Supreme Court...What they do in the words of the RJD (Recorder of Judicial Decisions) Read by RJ Dieken and friends
Visit Montana's famous Loki Esq Law @ LokiEsq.Law (website) A Criminal Defense and Mediation Lawfirm Operating Statewide.
Be Kind to one another, say hi someday.
RoadsScholar80@gmai
*Note this podcast is for informational and educational purposes only.
Supreme Court Decision Syllabus (SCOTUS Podcast)
Ellingberg v. United States (Restitution & Ex Post Facto Clause)
Use Left/Right to seek, Home/End to jump to start or end. Hold shift to jump forward or backward.
The Court unanimously held that restitution imposed under the Mandatory Victims Restitution Act is a form of criminal punishment, meaning it cannot be applied to conduct that occurred before the statute was enacted without violating the Ex Post Facto Clause. Although Ellingburg’s offense predated the MVRA, he was sentenced under it and ordered to pay restitution. The Eighth Circuit had treated MVRA restitution as a civil, nonpunitive measure, but the Supreme Court rejected that view. Looking to the statute’s text, structure, and placement within the criminal code, the Court emphasized that restitution is imposed only on convicted defendants, at sentencing, alongside imprisonment and fines, and through procedures governing criminal penalties. Prior precedents likewise treated MVRA restitution as punitive. While restitution also serves compensatory aims, victims cannot control or negotiate it as they could in a civil action, underscoring its criminal nature. The Court therefore reversed and remanded.
