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 (key to color coding)
04/06/2016	Petition for a writ of certiorari filed. (Response due May 9, 2016)
04/19/2016	Waiver of right of respondent Colorado to respond filed.
05/03/2016	DISTRIBUTED for Conference of May 19, 2016.
05/11/2016	Response Requested.(Due June 10, 2016)
05/20/2016	Order extending time to file response to petition to and including August 9, 2016.
06/10/2016	Brief amicus curiae of Colorado Criminal Defense Bar filed.
08/09/2016	Brief of respondent Colorado in opposition filed.
08/18/2016	Reply of petitioners Shannon Nelson and Louis Alonzo Madden filed.
08/24/2016	DISTRIBUTED for Conference of September 26, 2016.
09/29/2016	Petition GRANTED.
11/14/2016	Joint appendix filed. (Statement of costs filed)
11/14/2016	Brief of petitioners Shannon Nelson and Louis Alonzo Madden filed.
11/17/2016	Brief amicus curiae of Pacific Legal Foundation filed.
11/18/2016	Brief amici curiae of Institute for Justice and the Cato Institute filed.
11/21/2016	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
12/05/2016	SET FOR ARGUMENT on Monday, January 9, 2017.
12/07/2016	Record requested from the Supreme Court of Colorado.
12/12/2016	CIRCULATED.
12/13/2016	Record received from the Supreme Court of Colorado in Case 13SC495. 1 Box (part of the record is SEALED).
12/14/2016	Brief of respondent Colorado filed. (Distributed)
12/22/2016	Reply of petitioners Shannon Nelson and Louis Alonzo Madden filed. (Distributed)
01/05/2017	Record received from the Supreme Court of Colorado in Case 13SC496. 1 Box (part of the record is SEALED).
01/09/2017	Argued. For petitioners: Stuart Banner, Los Angeles, Cal. For respondent: Frederick R. Yarger, Solicitor General, Denver, Colo.
03/28/2017	Letter dated March 24, 2017, from counsel for the respondent informing the Court of recently enacted legislation received. (Distributed)
04/19/2017	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.
05/22/2017	JUDGMENT ISSUED.
05/22/2017	MANDATE ISSUED.
08/11/2017	Record from the Supreme Court of Colorado has been returned.