Nelson v. Colorado
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-1256 | Colo. | Jan 9, 2017 | Apr 19, 2017 | 7-1 | Ginsburg | OT 2016 |
Holding: The scheme under Colorado's Exoneration Act -- which permits the state to retain conviction-related assessments unless and until the prevailing defendant institutes a discrete civil proceeding and proves her innocence by clear and convincing evidence -- does not comport with the 14th Amendment's guarantee of due process.
Judgment: Reversed and remanded, 7-1, in an opinion by Justice Ginsburg on April 19, 2017. Justice Alito filed an opinion concurring in the judgment. Justice Thomas filed a dissenting opinion. Justice Gorsuch took no part in the consideration or decision of the case.
SCOTUSblog Coverage
- Opinion analysis: States can’t keep money they collect pursuant to subsequently overturned convictions (Steve Vladeck, April 20, 2017)
- Argument analysis: Justices skeptical of Colorado’s approach to returning payments by defendants whose convictions are reversed on appeal (Steve Vladeck, January 10, 2017)
- Argument preview: Due process and payments by defendants whose convictions are reversed on appeal (Steve Vladeck, January 3, 2017)
- Justices add eight new cases to docket for upcoming term (Amy Howe, September 29, 2016)
| Date | Proceedings and Orders |
|---|---|
| Apr 06 2016 | Petition for a writ of certiorari filed. (Response due May 9, 2016) |
| Apr 19 2016 | Waiver of right of respondent Colorado to respond filed. |
| May 03 2016 | DISTRIBUTED for Conference of May 19, 2016. |
| May 11 2016 | Response Requested.(Due June 10, 2016) |
| May 20 2016 | Order extending time to file response to petition to and including August 9, 2016. |
| Jun 10 2016 | Brief amicus curiae of Colorado Criminal Defense Bar filed. |
| Aug 09 2016 | Brief of respondent Colorado in opposition filed. |
| Aug 18 2016 | Reply of petitioners Shannon Nelson and Louis Alonzo Madden filed. |
| Aug 24 2016 | DISTRIBUTED for Conference of September 26, 2016. |
| Sep 29 2016 | Petition GRANTED. |
| Nov 14 2016 | Joint appendix filed. (Statement of costs filed) |
| Nov 14 2016 | Brief of petitioners Shannon Nelson and Louis Alonzo Madden filed. |
| Nov 17 2016 | Brief amicus curiae of Pacific Legal Foundation filed. |
| Nov 18 2016 | Brief amici curiae of Institute for Justice and the Cato Institute filed. |
| Nov 21 2016 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Dec 05 2016 | SET FOR ARGUMENT on Monday, January 9, 2017. |
| Dec 07 2016 | Record requested from the Supreme Court of Colorado. |
| Dec 12 2016 | CIRCULATED. |
| Dec 13 2016 | Record received from the Supreme Court of Colorado in Case 13SC495. 1 Box (part of the record is SEALED). |
| Dec 14 2016 | Brief of respondent Colorado filed. (Distributed) |
| Dec 22 2016 | Reply of petitioners Shannon Nelson and Louis Alonzo Madden filed. (Distributed) |
| Jan 05 2017 | Record received from the Supreme Court of Colorado in Case 13SC496. 1 Box (part of the record is SEALED). |
| Jan 09 2017 | Argued. For petitioners: Stuart Banner, Los Angeles, Cal. For respondent: Frederick R. Yarger, Solicitor General, Denver, Colo. |
| Mar 28 2017 | Letter dated March 24, 2017, from counsel for the respondent informing the Court of recently enacted legislation received. (Distributed) |
| Apr 19 2017 | Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in the judgment. Thomas, J., filed a dissenting opinion. Gorsuch, J., took no part in the consideration or decision of the cases. |
| May 22 2017 | JUDGMENT ISSUED. |
| May 22 2017 | MANDATE ISSUED. |
| Aug 11 2017 | Record from the Supreme Court of Colorado has been returned. |
