Nelson v. Colorado
Supreme Court of the United States
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
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Bell v. WolfishSupreme Court of the United States · 1979
- Burks v. United StatesSupreme Court of the United States · 1978
- Johnson v. United StatesSupreme Court of the United States · 2015
- Hamdi v. RumsfeldSupreme Court of the United States · 2004
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3Cited by179 opinions
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- Com. v. Chichkin, I.Superior Court of Pennsylvania · 2020
- Cowen v. PeopleSupreme Court of Colorado · 2018
- Jessica Jauch v. Choctaw CountyCourt of Appeals for the Fifth Circuit · 2017
- The People of the State of Colorado v. Benjamin WeeksSupreme Court of Colorado · 2021
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