Legal Opinion

Nelson v. Colorado

Supreme Court of the United States

Decided April 19, 2017No. 15–1256PublishedCited by 179 opinions

1Opinion of the CourtJustice Ginsburg

When a criminal conviction is invalidated by a reviewing court and no retrial will occur, is the State obliged to refund fees, court costs, and restitution exacted from the defendant upon, and as a consequence of, the conviction? Our answer is yes. Absent conviction of a crime, one is presumed innocent. Under the Colorado law before us in these cases, however, the State retains conviction-related assessments unless and until the prevailing defendant institutes a discrete civil proceeding and proves her innocence by clear and convincing evidence. This scheme, we hold, offends the Fourteenth…

Also in this document: Concurring in the judgment.

2Cases cited29 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Bell v. WolfishSupreme Court of the United States · 1979
  3. Burks v. United StatesSupreme Court of the United States · 1978
  4. Johnson v. United StatesSupreme Court of the United States · 2015
  5. Hamdi v. RumsfeldSupreme Court of the United States · 2004

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3Cited by179 opinions

  1. Prime Rate Premium Fin. Corp., Inc. v. Karen LarsonCourt of Appeals for the Sixth Circuit · 2019
  2. Com. v. Chichkin, I.Superior Court of Pennsylvania · 2020
  3. Cowen v. PeopleSupreme Court of Colorado · 2018
  4. Jessica Jauch v. Choctaw CountyCourt of Appeals for the Fifth Circuit · 2017
  5. The People of the State of Colorado v. Benjamin WeeksSupreme Court of Colorado · 2021

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