Nelson v. Colorado
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 Ruth Bader Ginsburg on Apr 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.
Apr 6, 2016Petition for a writ of certiorari filed. (Response due May 9, 2016)
Apr 19, 2016Waiver of right of respondent Colorado to respond filed.
May 3, 2016DISTRIBUTED for Conference of May 19, 2016.
May 11, 2016Response Requested.(Due June 10, 2016)
May 20, 2016Order extending time to file response to petition to and including August 9, 2016.
Jun 10, 2016Brief amicus curiae of Colorado Criminal Defense Bar filed.Aug 9, 2016Brief of respondent Colorado in opposition filed.Aug 18, 2016Reply of petitioners Shannon Nelson and Louis Alonzo Madden filed.Aug 24, 2016DISTRIBUTED for Conference of September 26, 2016.
Sep 29, 2016Petition GRANTED.
Nov 14, 2016Joint appendix filed. (Statement of costs filed)
Nov 14, 2016Brief of petitioners Shannon Nelson and Louis Alonzo Madden filed.Nov 17, 2016Brief amicus curiae of Pacific Legal Foundation filed.Nov 18, 2016Brief amici curiae of Institute for Justice and the Cato Institute filed.Nov 21, 2016Brief amicus curiae of National Association of Criminal Defense Lawyers filed.Dec 5, 2016SET FOR ARGUMENT on Monday, January 9, 2017.
Dec 7, 2016Record requested from the Supreme Court of Colorado.
Dec 12, 2016CIRCULATED.
Dec 13, 2016Record received from the Supreme Court of Colorado in Case 13SC495. 1 Box (part of the record is SEALED).
Dec 14, 2016Brief of respondent Colorado filed. (Distributed)Dec 22, 2016Reply of petitioners Shannon Nelson and Louis Alonzo Madden filed. (Distributed)Jan 5, 2017Record received from the Supreme Court of Colorado in Case 13SC496. 1 Box (part of the record is SEALED).
Jan 9, 2017Argued. For petitioners: Stuart Banner, Los Angeles, Cal. For respondent: Frederick R. Yarger, Solicitor General, Denver, Colo.
Mar 28, 2017Letter dated March 24, 2017, from counsel for the respondent informing the Court of recently enacted legislation received. (Distributed)
Apr 19, 2017Judgment 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, 2017JUDGMENT ISSUED.
May 22, 2017MANDATE ISSUED.
Aug 11, 2017Record from the Supreme Court of Colorado has been returned.
Recommended Citation: Nelson v. Colorado, SCOTUSblog, https://www.scotusblog.com/cases/nelson-v-colorado/