People v. Nelson
Supreme Court of Colorado
1Opinion of the CourtChief Justice Rice
{1 This case requires us to decide whether Respondent Shannon Nelson may receive. a refund of costs, fees, and restitution that she paid following a conviction. Nelson's convietion was overturned and she was acquitted after a new trial. We hold that a trial court may not authorize a refund of costs, fees, or restitution following a eriminal trial without statutory authority. Because none of the statutes governing the fines, fees, and restitution empowered the trial court to issue a refund, it could not do so. Exonerated defendants may seek a refund of costs, fees, and restitution, but only…
2Cases cited12 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Climax Molybdenum Co. v. WalterSupreme Court of Colorado · 1991
- People v. MilneSupreme Court of Colorado · 1984
- Martinez v. PeopleSupreme Court of Colorado · 2003
- A.S. v. PeopleSupreme Court of Colorado · 2013
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3Cited by16 opinions
- Nelson v. ColoradoSupreme Court of the United States · 2017
- The People of the State of Colorado v. Benjamin WeeksSupreme Court of Colorado · 2021
- Commonwealth v. Martinez Commonwealth v. GreenMassachusetts Supreme Judicial Court · 2018
- People v. MaddenSupreme Court of Colorado · 2015
- State v. BaileySupreme Court of Kansas · 2021
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