Supreme Court grants cert on two constitutional criminal cases regarding restitituion and right to counsel
The Supreme Court this morning issued this short order list that still has some interesting elements for criminal justice fans. Specifically, the Court granted cert on two cases, both of which involve issues of constitutional criminal procedure. Here are the basics on the two cases now on the Supreme Court’s docket to be argued next Term from SCOTUSblog postings:
Issue: Whether criminal restitution under the Mandatory Victim Restitution Act is penal for purposes of the Constitution’s ex post facto clause.
Issue: Whether a trial court abridges a defendant’s Sixth Amendment right to counsel by prohibiting the defendant and his counsel from discussing the defendant’s testimony during an overnight recess.
Though I have not yet taken a close look at the particulars of either of these cases, both seem to involve relatively small issues that seem unlikley to result in big opinions with a big impact. That said, as I have suggested in various musings about the current Court’s criminal justice work (examples here and here), if the Justices are inclined to bring some (new?) originalist approaches to the ex post facto clause and the Sixth Amendment, these cases could perhaps become “sleepers.” I doubt they will, but for now I am inclined to just celebrate the Court for taking up some new criminal cases.