Commonwealth v. Martinez Commonwealth v. Green

**779 In Nelson v. Colorado , --- U.S. ----, 137 S.Ct. 1249 , 1252, 197 L.Ed.2d 611 (2017), the United States Supreme Court held that "[w]hen a criminal conviction is invalidated by a reviewing court and no retrial will occur," the State is required under the due process clause of the Fourteenth Amendment to the United States Constitution "to refund fees, court costs, and restitution exacted from the defendant upon, and as a consequence of, the conviction." There can be no doubt that, because of this controlling authority, Massachusetts courts are required to order the refund of fees, court…