|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.
|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.|
Today at the court:
A nuts-and-bolts question of civil procedure. After an appeal is decided, do courts have discretion to limit the administrative “costs” that the prevailing party can recover from the losing party?
Argument begins at 10:00 a.m. EDT.
Justices to consider awards of costs of appellate litigation - SCOTUSblog
Wednesday’s argument in City of San Antonio v. Hotels.com brings the justices a basic nuts-and-bolts question of...
In 2019, the Supreme Court limited the scope of a federal law that bans people convicted of felonies from having a gun. Up this morning at the court: back-to-back cases that will decide how many felon-in-possession convictions will need new trials or pleas under that 2019 ruling.
NEW: SCOTUS adds one new case to its docket for next term: Hemphill v. New York, a criminal-procedure case about the interaction between hearsay rules and the right of defendants to confront witnesses against them. Still no action on major petitions involving guns and abortion.
The court will release orders at 9:30 a.m. EDT followed by oral argument in two cases.
First, whether Alaska Native regional and village corporations are “Indian Tribes” for purposes of CARES Act Covid-related relief.
By @StanfordLaw’s Gregory Ablavsky.
Are Alaska Native corporations Indian tribes? A multimillion-dollar question - SCOTUSblog
Are Alaska Native corporations — special corporations that Congress created in 1971 when it resolved Native claims ...
It's official: In the first-ever SCOTUS bracketology tournament, our readers have chosen CHIEF JUSTICE EARL WARREN as the greatest justice in history. The author of Brown v. Board, Loving v. Virginia, and Miranda v. Arizona defeated top-seeded John Marshall in the final round.
We've reached the final round of SCOTUS bracketology, and two illustrious chief justices are facing off for the championship. One wrote Marbury v. Madison. The other wrote Brown v. Board. Our full write-up on both finalists is here: https://www.scotusblog.com/2021/04/the-great-chief-and-the-super-chief-a-final-showdown-in-supreme-court-march-madness/
Cast your vote below!
NEW: The Supreme Court will issue opinion(s?) next Thursday April 22. We’re still waiting on decisions in the ACA case and Fulton v. City of Philadelphia about religious liberty and LGBT rights.
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