Supreme Court Opinions in Criminal and Related Cases, October 2025 Term

Here are the U.S. Supreme Court opinions in criminal and related cases from the October 2025 term, i.e., October 2025 to July 2026. The case descriptions are from the court’s website.

Pitts v. Mississippi, No. 24-1159, decided November 24, 2025. Opinion Per Curiam
A defendant’s Sixth Amendment right to meet his accusers face to face may not be denied without case-specific findings of necessity, notwithstanding Mississippi’s right-to-screening statute, Miss. Code Ann. §99–43–101(2)(g).

Clark v. Sweeney, No. 25-52, decided November 24, 2025. Opinion Per Curiam
The Fourth Circuit departed from the principle of party presentation and abused its discretion in granting a new trial.

Bowe v. United States, No. 24-5438, decided January 9, 2026. Opinion by Justice Sotomayor
Title 28 U. S. C. §2244(b)(3)(E) does not bar this Court’s review of a federal prisoner’s request to file a second or successive §2255 motion for postconviction relief, and §2244(b)(1) does not apply to second or successive motions filed under §2255(h) by federal prisoners challenging their convictions or sentences.

Case v. Montana, No. 24-624, decided January 14, 2026. Opinion by Justice Kagan
Under the standard set in Brigham City v. Stuart, 547 U. S. 398, 400, the Fourth Amendment allows police officers to enter a home without a warrant if they have an “objectively reasonable basis for believing” that someone inside needs emergency assistance; that standard was met here.

Barrett v. United States, No. 24-5774, decided January 14, 2026. Opinion by Justice Jackson
Congress did not clearly authorize convictions under both 18 U. S. C. §§924(c)(1)(A)(i) and (j) for a single act that violates both provisions—therefore, one act that violates both may spawn only one conviction; the part of the Second Circuit’s judgment that held otherwise is reversed.

Ellingburg v. United States, No. 24-482, decided January 20, 2026. Opinion by Justice Kavanaugh
Restitution under the Mandatory Victims Restitution Act of 1996 is criminal punishment for purposes of the Ex Post Facto Clause.

Klein v. Martin, No. 25-51, decided January 26, 2026. Opinion Per Curiam
Because the Court of Appeals for the Fourth Circuit affirmed the award of a new trial based on reasoning that departed from the strict standards that govern the grant of federal habeas relief to prisoners convicted in state court prescribed by the Antiterrorism and Effective Death Penalty Act of 1996, the Court grants the State’s petition for a writ of certiorari and reverses the judgment below.

Villarreal v. Texas, No. 24-557, decided February 25, 2026. Opinion by Justice Jackson
A trial court’s qualified conferral order that prohibits only discussion of the defendant’s testimony for its own sake during a midtestimony overnight recess permissibly balances the defendant’s Sixth Amendment right to counsel against the burden of offering unaltered trial testimony and does not violate the Constitution.

Zorn v. Linton, No. 25-297, decided March 23, 2026. Opinion Per Curiam
Because the Second Circuit failed to identify a case where an officer using a routine wristlock on a protester after issuing a verbal warning, without more, was held to have violated the Constitution, Sergeant Jacob Zorn was entitled to qualified immunity; the Second Circuit’s contrary conclusion was erroneous.

Rico v. United States, No. 24-1056, decided March 25, 2026. Opinion by Justice Gorsuch
The Sentencing Reform Act of 1984 does not authorize a rule automatically extending a defendant’s term of supervised release when the defendant fails to report to a probation officer.

District of Columbia v. R.W., No. 25-248, decided April 20, 2026. Opinion Per Curiam
Because Officer Vanterpool clearly had reasonable suspicion to stop R. W., the judgment of the District of Columbia Court of Appeals is reversed, and the case is remanded.

Hamm v. Smith, No. 24-872, decided May 21, 2026. Opinion Per Curiam
Certiorari dismissed as improvidently granted.

Pitchford v. Cain, No. 24-7351, decided May 28, 2026. Opinion by Justice Kavanaugh
In Pitchford’s direct appeal of a capital murder sentence, the Mississippi Supreme Court unreasonably applied the clearly established precedents of Batson v. Kentucky, 476 U. S. 79, to determine that Pitchford waived his opportunity to rebut the prosecutor’s asserted race-neutral reasons for the peremptory strikes of four black prospective jurors.

Fernandez v. United States, No. 24-556, decided May 28, 2026. Opinion by Justice Barrett
A prisoner who collaterally attacks the validity of his conviction must proceed through 28 U. S. C. §2255, not 18 U. S. C. §3582; the supposed invalidity of a conviction is not among the “extraordinary and compelling reasons” that justify compassionate release.

Rutherford v. United States, No. 24-820, decided May 28, 2026. Opinion by Justice Barrett
When Congress declines to make a sentencing amendment retroactive—as with the change to 18 U. S. C. §924(c)—the resulting sentencing disparity cannot serve as an “extraordinary and compelling” reason that warrants a sentence reduction under §3582(c)(1)(A)(i).

Whitton v. Dixon, No. 25-580, decided June 1, 2026. Opinion Per Curiam
The Court of Appeals erred in considering post-trial DNA evidence when assessing whether the Florida Supreme Court reasonably determined that jailhouse informant Ozio’s testimony was immaterial to the jury’s verdict, because evidence not presented to the jury could not have influenced the jury’s verdict and therefore sheds no light on whether Ozio’s testimony influenced that verdict.

Abouammo v. United States, No. 25-5146, decided June 11, 2026. Opinion by Justice Kagan
A defendant charged with knowingly falsifying a document with the intent to obstruct a federal investigation in violation of 18 U. S. C. §1519 must be tried in the district where the falsification occurred; the defendant cannot be tried in a different district where the investigation was located because no “conduct constituting the offense” happened there.

Hunter v. United States, No. 24-1063, decided June 18, 2026. Opinion by Justice Kagan
An agreement not to appeal a sentence is unenforceable when it would result in a miscarriage of justice—meaning, when it would leave in place the kind of egregious error that would bring the judicial system into disrepute.

United States v. Hemani, No. 24-1234, decided June 18, 2026. Opinion by Justice Gorsuch
Prosecution of Ali Hemani under 18 U. S. C. §922(g)(3)—for knowingly possessing a gun in his home while being an unlawful user of a controlled substance—is inconsistent with the Second Amendment.

McCarthy v. Hernandez, No. 25-748, decided June 22, 2026. Opinion Per Curiam
The Second Circuit exceeded its authority in holding that Hernandez is entitled to habeas relief under 28 U. S. C. §2254(d)(1); no clearly established federal law required the trial court to instruct the jury about the rule that Justice Kennedy adopted in Missouri v. Seibert, 542 U. S. 600, and the Second Circuit erred in holding otherwise.

Landor v. Louisiana Dept of Corrections and Public Safety, No. 23-1197, decided June 23, 2026. Opinion by Justice Gorsuch
State employees may not be held liable in their personal capacities under a Spending Clause statute such as the Religious Land Use and Institutionalized Persons Act of 2000 unless those individuals have voluntarily and knowingly consented to answer private suits under the statute; the individual defendants in this case did not do so here, so Landor’s case cannot proceed against them.

Chatrie v. United States, No. 25-112, decided June 29, 2026. Opinion by Justice Kagan
Police officers conducted a Fourth Amendment search when they acquired Okello Chatrie’s location data from Google because an individual has a reasonable expectation of privacy in his cell-phone location information.

SCOTUS Monday Orders and Opinion

The U.S. Supreme Court issued its Monday orders list this morning with the results from last week’s conference. The high court sent one law enforcement civil case back to the court of appeals and took up one criminal case on sentencing guidelines.

The court also summarily reversed a D.C. Circuit opinion in a Fourth Amendment case regarding the suspiciousness of people fleeing at the sight of police.

Continue reading . . .

Double Murderer Released Early, Convicted of New Murder

The Los Angeles District Attorney has this press release on the case of previously convicted double murderer who has now been convicted of a third murder. If the laws in effect at the time of the first judgment had been enforced, the third murder victim would likely be alive.

On Sept. 17, 1995, 28-year-old Derrick Reese was using a payphone when Collins carjacked him. After taking the vehicle, Collins backed up and shot Reese at least twice, killing him.

On Sept. 28, 1995, Collins entered a diner in Inglewood where 44-year-old Thomas Weiss was working as a cashier. Collins held Weiss at gunpoint and demanded money. When Weiss did not comply, Collins shot him in the face, killing him.

Both victims were random strangers, murdered 11 days apart. On January 15, 1998, Collins was sentenced to 50 years to life imprisonment.

Both the multiple murder and robbery-murder special circumstances are obviously true, so Collins could have gotten death or life without parole for these killings, but 50-to-life would have seemed sufficient at the time to ensure that Collins would not get out until he was quite elderly, if at all. Yet Collins was released in 2020. Why? Continue reading . . .

Serial Child Rapist Released from Prison, Back in Jail

Notorious California sexual predator David Funston (see this post) was released on parole yesterday under the state’s misguided “elderly” parole law and promptly taken into custody on new charges for an old crime. He is now in Placer County Jail. See this story by Darrell Smith in the Sacramento Bee and this story by Stepheny Price at Fox News.

Funston committed his crimes in an area northeast of Sacramento that includes parts of Sacramento and Placer Counties. After he received three consecutive life sentences in the Sacramento case, the Placer County District Attorney decided not to pursue the case in that county. The District Attorney Office’s statement is copied below.

This prompt action may prevent the unjust release of a predator in this case, but the case illustrates the urgent need for the California Legislature to repair its errors committed over the last decade. The prison overcrowding crisis and the Covid pandemic are long behind us, and measures adopted to deal with them should have had sunset dates. Basic justice requires long terms for the most egregious crimes. Some criminals, including Funston, should never walk free again.

Continue reading . . .

Attorney-Client Communication During an Overnight Break

When a defendant in a criminal case chooses to testify, and there is an overnight break in the middle of the testimony, can the trial judge forbid the lawyer to talk to the client about the testimony, even while allowing discussion of other topics?

Yes, the U.S. Supreme Court held today in Villareal v. Texas.

The decision drew the line between two bookend cases, Geders v. United States (1976) and Perry v. Leeke (1989). Continue reading . . .

Developments in the Law of Standing

Prof. Richard Re has this post at SCOTUSblog on the U.S. Supreme Court’s January 14 decision on standing in Bost v. Illinois Board of Elections. He notes several ways that the high court seems to be loosening the restrictions on standing in federal courts.

Standing is an issue that often comes up in crime victims’ rights litigation.

U.S. Supreme Court decisions based on Article III of the U.S. Constitution are not necessarily binding on state courts, where standing issues turn on the judiciary article of the state constitution and other state laws. Even so, the high court’s decisions are often persuasive precedent in state courts. Continue reading . . .

“Monster” Child Sexual Predator Granted Early Parole

The Los Angeles Times has this story by Clara Harter:

A Sacramento man once described by a judge as “the monster parents fear the most” seemed destined to spend the rest of his life in prison after he was convicted of 16 counts of kidnapping and child molestation in 1999.

Instead, he is now set to go free after being granted elderly parole — much to the anger and horror of some of his victims, as well as the prosecutor who oversaw his case.

“He shouldn’t be breathing the same air that we’re breathing at all,” one victim, who was kidnapped and assaulted when she was just 4 years old, told The Times in an interview. “I disagree with him getting paroled out because he’s a horrible person. That man is a monster.” Continue reading . . .

The Vagaries of New Constitutional Rights

From The Lancet Psychiatry comes this new policy paper:

Despite the existence of effective public mental health interventions, global coverage remains low. Only a minority of people with mental disorders receive treatment, far fewer receive interventions to address or prevent the associated impacts of mental disorders, and there is negligible coverage of interventions to prevent mental disorders or promote mental wellbeing and resilience. This implementation failure breaches the right to health and statutory legislation in some countries and results in population-scale preventable suffering, broad societal and individual impacts, and associated economic costs. Various reasons account for public mental health implementation failure, including insufficient policy and implementation according to population needs, and insufficient knowledge, resource, political will, and legal protection regarding the right to mental health. This Health Policy highlights a further reason for implementation failure is that only 12% of constitutions covering 3·5% of the world’s population explicitly recognise a constitutional right to mental health, compared with 70% of constitutions recognising a constitutional right to health or physical health. A legal framework that includes explicit constitutional protection for mental health would mean the right to mental health would supersede all other laws. This would thereby provide a basis for legislation and support legal opportunities to challenge, advocate, and improve effective public mental health implementation by different sectors. This framework and associated opportunities would support the scale-up of implementation of cross-sector policy based on the public mental health needs of a population. Such a holistic, coordinated legal approach would support scaled-up coverage of public mental health interventions to treat and prevent mental disorders and promote mental wellbeing and resilience, as well as action to address inequities and protect the rights of those with mental disorders. Improved implementation would result in broad impacts across different sectors and associated economic benefits.

Breathtaking to say the least.