William Neilly wins U.S. Supreme Court victory on Ex Post Facto Clause issue

Client(s) Neilly, William E.

Jones Day secured a significant victory at the U.S. Supreme Court in a case involving constitutional protections against retroactive criminal punishment on behalf of William Neilly, who was resentenced in 2021 following the U.S. Supreme Court's ruling that mandatory life sentences for juveniles are unconstitutional. At his resentencing hearing, Mr. Neilly was ordered to pay nearly $15,000 in funeral expenses under Michigan's current restitution scheme, which was enacted years after his 1993 conviction and eliminated the trial court's discretion to consider a defendant's ability to pay. Mr. Neilly argued that imposing mandatory restitution in this manner violated the Ex Post Facto Clause, which prohibits laws that retroactively increase the punishment for crimes committed before the law's enactment. The Michigan Supreme Court rejected that argument, holding unanimously that restitution is a civil remedy rather than criminal punishment and therefore not subject to the Ex Post Facto Clause.

Jones Day, alongside the State Appellate Defender's Office, filed a petition for certiorari demonstrating a split between the Michigan Supreme Court's ruling and decisions from at least five state high courts and nine federal courts of appeals holding that criminal restitution is punishment for ex post facto purposes.

The Court granted the petition, vacated the Michigan Supreme Court's decision, and remanded for reconsideration in light of a recent ruling that restitution under a federal mandatory restitution statute constitutes criminal punishment.

Neilly v. Michigan, No. 24-395 (U.S.)