nelson colorado argued january decided april petitioner shannon nelson convicted colorado jury two felonies three misdemeanors arising alleged sexual physical abuse four children trial imposed prison term years life ordered pay costs fees restitution appeal nelson conviction reversed trial error retrial acquitted charges petitioner louis alonzo madden convicted colorado jury attempting patronize prostituted child attempted sexual assault trial imposed indeterminate prison sentence ordered pay costs fees restitution one madden convictions reversed direct review vacated postconviction review state elected appeal retry case colorado department corrections withheld nelson inmate account conviction acquittal madden paid state conviction cases funds allocated costs fees restitution convictions invalidated petitioners moved return funds nelson trial denied motion outright madden postconviction allowed refund costs fees restitution colorado appeals concluded petitioners entitled seek refunds paid colorado reversed reasoned colorado compensation certain exonerated persons statute exoneration act act rev stat provided exclusive authority refunds neither nelson madden filed claim act courts lacked authority order refunds colorado also held due process problem act permits colorado retain assessments unless prevailing defendant institutes discrete civil proceeding proves innocence clear convincing evidence held exoneration act scheme comport fourteenth amendment guarantee due process pp procedural due process inspection required mathews eldridge governs cases medina california controls state procedural rules part criminal process issue cases contrast concern continuing deprivation property conviction reversed vacated prospect reprosecution pp three considerations balanced mathews private interest affected risk erroneous deprivation interest procedures used governmental interest stake weigh decisively colorado scheme pp nelson madden obvious interest regaining money paid colorado state may retain funds simply nelson madden convictions place funds taken convictions erased presumption innocence restored see johnson mississippi colorado may presume person adjudged guilty crime nonetheless guilty enough monetary exactions pp colorado scheme creates unacceptable risk erroneous deprivation defendants property exoneration act conditions refund defendants proof innocence clear convincing evidence defendants petitioners position presumed innocent moreover act provides remedy assessments tied invalid misdemeanor convictions recoupment amount sought large cost mounting claim act retaining counsel pursue prohibitive colorado argues act provides sufficient process compensate defendant loss liberty must suffice compensate defendant lesser deprivation money nelson madden seek return property compensation temporary deprivation restoration liberty reversal conviction compensation neither return money taken state account conviction procedures cited colorado need probable cause support criminal charges right state burden prove guilt beyond reasonable doubt address risk faced defendant whose conviction overturned recover funds taken based solely conviction longer valid pp colorado interest withholding nelson madden money state currently zero claim right state identified equitable considerations favoring position indicated way exoneration act embodies considerations first judgment second judgment reversed remanded ginsburg delivered opinion roberts kennedy breyer sotomayor kagan joined alito filed opinion concurring judgment thomas filed dissenting opinion gorsuch took part consideration decision cases opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press shannon nelson petitioner colorado louis madden petitioner colorado writ certiorari colorado april justice ginsburg delivered opinion criminal conviction invalidated reviewing retrial occur state obliged refund fees costs restitution exacted defendant upon consequence conviction answer yes absent conviction crime one presumed innocent colorado law us cases however state retains assessments unless prevailing defendant institutes discrete civil proceeding proves innocence clear convincing evidence scheme hold offends fourteenth amendment guarantee due process two cases us review petitioner shannon nelson convicted colorado jury five counts two felonies three misdemeanors arising alleged sexual physical abuse four children app trial imposed prison sentence years life ordered nelson pay costs fees restitution totaling appeal nelson conviction reversed trial error ibid retrial new jury acquitted nelson charges ibid petitioner louis alonzo madden convicted colorado jury attempting patronize prostituted child attempted sexual assault force see trial imposed indeterminate prison sentence ordered madden pay costs fees restitution totaling ibid colorado reversed one madden convictions direct review postconviction vacated ibid state elected appeal retry case ibid nelson conviction acquittal colorado department corrections withheld inmate account went costs restitution see following madden conviction madden paid colorado went costs restitution see sole legal basis assessments fact nelson madden absent convictions colorado legal right exact retain petitioners funds convictions invalidated petitioners moved return amounts colorado taken nelson case trial denied motion outright madden case postconviction allowed refund costs fees restitution colorado appeals panel heard cases concluded nelson madden entitled seek refunds paid including amounts allocated restitution see people nelson people madden wl apr costs fees restitution held must tied valid conviction absent must retur defendant status quo ante wl colorado reversed cases must statutory authority issue refund stated colorado compensation certain exonerated persons statute exoneration act act rev stat passed provides proper procedure seeking refund ruled statute addresses refunds concluded exoneration act exclusive process exonerated defendants seeking refund costs fees restitution neither nelson madden filed claim act determined trial courts lacked authority order refund due process problem continued act provides sufficient process defendants seek refunds costs fees restitution paid connection conviction justice hood dissented cases neither petitioner validly convicted explained must presumed innocent nelson adopting reasoning nelson madden due process therefore requires mechanism return defendant money justice hood maintained exoneration act required petitioners prove innocence act concluded supply remedy due process demands granted certiorari exoneration act provides civil claim relief compensate innocent person wrongly convicted recovery act available defendant served part term incarceration pursuant felony conviction whose conviction overturned reasons insufficiency evidence legal error unrelated actual innocence see succeed exoneration act claim petitioner must show clear convincing evidence actual innocence offense conviction successful petitioner may recoup addition compensation time fine penalty costs restitution paid result wrongful conviction quoting colorado legislation recounted defendant must prove innocence clear convincing evidence obtain refund costs fees restitution paid pursuant invalid conviction scheme hold comport due process accordingly reverse judgment colorado ii familiar procedural due process inspection instructed mathews eldridge governs cases colorado argues instead apply standard medina california inquire whether nelson madden exposed procedure offensive fundamental principle justice medina provide appropriate framework assessing validity state procedural rules part criminal process rules concern example allocation burdens proof type evidence qualifying cases contrast concern continuing deprivation property conviction reversed vacated prospect reprosecution see kaley roberts dissenting slip explaining different offices mathews medina criminal process implicated mathews provides relevant inquiry slip iii mathews balancing test evaluates private interest affected risk erroneous deprivation interest procedures used governmental interest stake three considerations weigh decisively colorado scheme nelson madden obvious interest regaining money paid colorado colorado urges however funds belong state nelson madden convictions place funds taken tr oral arg convictions erased presumption innocence restored see johnson mississippi conviction reversed unless defendant retried must presumed innocent charge xiomatic elementary presumption innocence lies foundation criminal law coffin colorado may retain funds taken nelson madden solely convictions see supra colorado may presume person adjudged guilty crime nonetheless guilty enough monetary petitioners prevailed subsequent review rather first instance moreover inconsequential suppose trial judge grants motion set aside guilty verdict want sufficient evidence event defendant pays costs fees restitution suppose trial enters judgment guilty verdict ordering cost fee restitution payments reason conviction appeals upsets conviction evidentiary insufficiency right state retain amount paid defendant make difference reviewing rather trial determined evidence insufficient burks vulnerability state argument keep amounts exacted long prevailed first instance apparent still assume case sole penalty fine colorado reasoning appeal leave defendant emptyhanded regardless outcome appeal state refund obligation see tr oral arg risk erroneous deprivation defendants interest return funds colorado urges exoneration act exclusive remedy indeed yes act conditions refund defendants proof innocence clear convincing evidence get money back defendants saddled proof burden instead explained supra entitled presumed innocent furthermore justice hood noted dissent act provides remedy assessments tied invalid misdemeanor convictions nelson three see amounts defendant seeks recoup large true nelson madden cases see supra cost mounting claim exoneration act retaining lawyer pursue colorado argued brief exoneration act provides sufficient process compensate defendant loss liberty act also suffice defendant seeks compensation less significant deprivation monetary assessments paid pursuant conviction later overturned brief respondent comparison inapt nelson madden seek restoration funds paid state compensation temporary deprivation funds petitioners seek money back interest funds period funds state custody restoration liberty reversal conviction compensation neither return money taken state account conviction colorado also suggests numerous procedures including need probable cause support criminal charges right state burden prove guilt beyond reasonable doubt adequately minimize risk erroneous deprivation property see colorado misperceives risk issue risk involved risk wrongful invalid conviction criminal defendant may face instead risk faced defendant whose conviction already overturned recover funds taken solely basis conviction longer valid none procedures addresses risk explained exoneration act adequate remedy property deprivation nelson madden colorado interest withholding nelson madden money state currently zero claim right equitable onsiderations colorado suggests may bear whether state may withhold funds criminal defendants convictions overturned brief respondent colorado however identified consideration relevant petitioners cases state indicated way exoneration act embodies equitable considerations iv colorado scheme fails due process measurement defendants interest regaining funds high risk erroneous deprivation funds exoneration act unacceptable state shown countervailing interests retaining amounts question comport due process state may impose anything minimal procedures refund exactions dependent upon conviction subsequently invalidated judgments colorado reversed cases remanded proceedings inconsistent opinion ordered justice gorsuch took part consideration decision cases alito concurring judgment shannon nelson petitioner colorado louis madden petitioner colorado writ certiorari colorado april justice alito concurring judgment agree judgments colorado must reversed reach conclusion different route proper framework analyzing cases provided medina california medina applies called upon asses validity state procedural rules part criminal process precisely situation cases concern colorado rules determining whether defendant obtain refund money required pay pursuant judgment conviction later reversed holding payments must refunded relies feature criminal law presumption innocence since demands refunds occur either automatically least without imposing anything minimal procedures see ante appears must generally occur part criminal case reasons refund obligation surely part criminal process thus falls squarely within scope medina authority cited support contrary conclusion dissent see ante citing kaley opinion roberts slip medina state rule criminal procedure governed specific rule set bill rights violates due process clause fourteenth amendment offends fundamental deeply rooted principle justice istorical practice probative whether procedural rule characterized fundamental indeed petitioners invite us measure colorado scheme traditional practice reminding us due process recognized practice provides touchstone constitutional analysis brief petitioners quoting honda motor oberg petitioners go argue length traditional rule always judgment reversed person paid money pursuant judgment entitled receive money back brief petitioners see see also brief national association criminal defense lawyers amicus curiae discussing traditional practice contrast turns back historical practice preferring balance competing interests according lights applies balancing test set mathews eldridge modern invention first conceived decide procedures government must observe depriving persons novel forms property welfare social security disability benefits dusenbery interests previously regarded property draw historical practice guidance mathews subsequently used widely civil cases pause applying balancing test matters state criminal procedure considerable expertise matters criminal procedure criminal process grounded centuries tradition medina supra applying mathews balancing test established rules criminal practice procedure may result undue interference considered legislative judgments careful balance constitution strikes liberty order medina supra long practice struck particular balance competing interests state charged crimes lightly disturb determination reasons medina historical inquiry mathews provides proper framework use ii medina colorado scheme issue violates due process american law long recognized individual obligated civil judgment pay money opposing party judgment later reversed money generally repaid see northwestern fuel brock right restitution one lost enforcement judgment subsequently reversed recognized law england early period bank bank washington pet reversal erroneous judgment law raises obligation party record received benefit erroneous judgment make restitution party lost remedy well known common law memorialized part judgment reversal directed defendant restored things lost occasion judgment aforesaid ruling case law mckinney rich eds duncan kirkpatrick serg rawle parties acknowledge practice carried criminal cases conviction reversed defendants recover fines monetary penalties assessed part conviction brief respondent reply brief see right recover back fine penalty paid criminal proceeding judgment imposing fine paid vacated reversed appeal may order restitution amount paid mack hale kiser eds fine illegally imposed paid reversal judgment writ restitution may issue parties received fine rule regarding recovery however even though general application without exceptions atlantic coast line florida cardozo remedy equitable origin function return money mere right ed exercise sound discretion quoting gould mcfall true civil criminal cases see noting restitution fines paid conviction later reversed necessarily matter right restitution fines upon reversal conviction matter strict legal right rather one exercise discretion central question courts asked whether possessor give offense equity good conscience permitted retain successful appellant money atlantic coast line supra history supports rejection colorado exoneration act procedures act places heavy burden proof defendants provides opportunity refund defendants like nelson whose misdemeanor convictions reversed excludes defendants whose convictions reversed reasons unrelated innocence brief respondent stringent requirements guarantee defendants whose convictions reversed realistic opportunity prove deserving refunds colorado abandoned historical procedures generous successful appellants incorporated equitable judgment instead colorado adopted system harsh inflexible prevents defendants whose convictions reversed demonstrating entitlement refund indeed colorado general assembly made financial projections based assumption one person every five years qualify financial award exoneration act colorado legislative council staff fiscal note state local revised fiscal impact hb apr online http last visited apr accordingly exoneration act satisfy due process requirements see cooper oklahoma state rule criminal procedure may violate due process rule significantly favorable defendant long consistent application iii although practice supports judgment rests decision different grounds mathews analysis reasons reversal petitioners convictions restored presumption innocence colorado may presume person adjudged guilty crime nonetheless guilty enough monetary exactions ante implication brief statement mathews reversal restores defendant status quo ante see ante confront obvious implications reasoning example status quo ante must restored defendant compensated adverse economic consequences wrongful conviction cases fines payments convicted defendant must pay minor comparison losses result conviction imprisonment attorney fees lost income damage reputation convincingly explain mathews amorphous balancing test stops short requiring full return status quo ante conviction reversed medina american legal system long treated compensation economic consequences reversed conviction differently refund fines payments made defendant pursuant criminal judgment statutes providing compensation time wrongfully spent prison innovation federal government four passed laws king compensation persons erroneously confined state rev keegan supp sdny seems legislation government subject many jurisdictions done since laws compensation automatic instead defendant bears burden proving actual innocence sometimes king supra burden proving innocence compensation proceeding start placed upon claimant see also kahn presumed guilty proven innocent burden proof wrongful conviction claims state compensation statutes reform compensation statutes require claimants prove innocence either preponderance evidence clear convincing evidence omitted construing federal statute courts held compensation proceeding criminal trial burden proof placed petitioner brunner noted colorado many similar statutes designed narrowly compensate persons demonstrate truly innocent apparently acknowledges statutes pose constitutional difficulty correct conclusion best justified reference history tradition iv disregard historical practice particularly damaging comes question restitution flatly declares state obliged refund restitution way fees costs ante conclusion supported historical practice overlooks important differences restitution paid victims offense fines payments kept state although restitution may included criminal judgment many attributes civil judgment favor victim clear colorado law although obligation pay restitution included defendant sentence restitution results final civil judgment defendant favor state victim rev stat entitlement restitution need established beyond reasonable doubt accordance standard rules evidence criminal procedure people pagan app rev stat judgment may enforced either state victim ignores distinctive attributes restitution merit attention restitution order much like civil judgment reversal defendant criminal conviction necessarily undermine basis restitution suppose victim successfully sues criminal defendant civilly introduces defendant criminal conviction underlying conduct potentially preclusive evidence establishing essential element civil claim see broun mccormick evidence ed discussing admissibility potential preclusive effect criminal conviction subsequent civil litigation suppose defendant criminal conviction later reversed trial error infect later civil proceeding example admission evidence barred exclusionary rule confrontation clause violation unprecedented suggest due process requires unwinding civil judgment simply rests part criminal conviction since reversed similar scenario unfold respect colorado restitution judgment salient difference colorado case civil judgment obtained part criminal proceeding clear certainly explain formal distinction make substantive especially startling insist state must provide refund enforcing restitution judgment victims behalf reliance final judgment vacated collateral review faced fact pattern ninth circuit declined require reimbursement reasoning government mere escrow agent executing final judgment favor third party hayes regrettably mentions none treatment restitution grounded historical analysis save brief ante account distinctive civil status restitution colorado law laws many affected jurisdictions provide remedy crime victims consider restitution unique characteristics might affect balance strikes mathews ante summarily rejects proposition might militate blanket rule requiring refund money paid restitution see evidence amply establishes defendant injured victims restitution paid defendant conviction reversed ground inapplicable civil suit situation true proclaims state interest withholding refund reach conclusion state law mandated refund recipients restitution federal government always required foot bill risk discourage seeking restitution least providing funds victims conclusion appellate review unnecessary issue sweeping pronouncement restitution address subject dispose cases acknowledged least circumstances refunds restitution payments made later reversed judgments constitutionally required reasons concur judgment thomas dissenting shannon nelson petitioner colorado louis madden petitioner colorado writ certiorari colorado april justice thomas dissenting majority concurring opinions debate whether procedural due process framework mathews eldridge medina california governs question us opinions bypass important question cases whether petitioners show substantive entitlement return money paid pursuant criminal convictions later reversed vacated assumes without reference either state federal law defendants whose convictions reversed substantive right money exacted basis convictions assumes away real issue cases parties agreed existence colorado obligation provide particular procedures depends whether petitioners substantive entitlement money colorado concedes petitioners present entitlement money due process requires state accord procedure get back tr oral arg colorado acknowledges procedural hurdles impose returning money fairly minimal petitioners need prove convictions reversed paid certain sum money see ibid similarly petitioners concede defendants position substantive right recover money money belongs state colorado need provide procedure give back defendants position entitlement money paid pursuant reversed convictions nothing adjudicate light concessions see justification decision address procedures adjudicating substantive entitlement failing determine whether substantive entitlement exists first place view petitioners demonstrated defendants whose convictions reversed possess substantive entitlement either state law constitution recover money paid state pursuant convictions accordingly agree decision reverse judgments colorado fourteenth amendment provides state shall deprive person life liberty property without due process law amdt emphasis added show colorado violated constitution procedural guarantees relevant petitioners must first establish deprived protected property interest see castle rock gonzales procedural component due process clause protect everything might described benefit property interest benefit person clearly must legitimate claim entitlement internal quotation marks omitted constitution protects rather creates property interests existence property interest determined reference rules understandings stem independent source state law phillips washington legal foundation quoting board regents state colleges roth petitioners undoubtedly interest regaining money paid colorado ante succeed procedural due process claim petitioners must first point recognized property interest money state federal law within meaning fourteenth amendment parties dispute whether colorado law petitioners state property interest money paid petitioners pursuant convictions petitioners contend money remains property state law reply brief see also tr oral arg colorado counters petitioners paid money pursuant convictions costs fees became property state restitution became property victims see brief respondent key premise colorado holdings cases moneys lawfully exacted pursuant valid conviction become public funds victims money colorado law colorado explained petitioner shannon nelson case trial properly ordered pay costs fees restitution pursuant valid statutes correctly distributed th ose funds victims public funds ordered statutes emphasis added accord applying analysis petitioner louis madden case colorado noted nce state disburses restitution victims state longer controls money colorado explained colorado constitution protects colorado legislature control public money thus may authorize refunds public funds pursuant statutory authority exoneration act colorado held provides statutory authority refunding costs fees restitution defendant conviction overturned petitioners sought refund exoneration act trial lacked authority order refund nelson costs fees restitution point litigation petitioners attempted demonstrate satisfy requirements exoneration act act colorado recognizes substantive entitlement kind property issue cases among things defendant prove actually innocent rev stat exoneration act alone defines scope substantive entitlement interpreted due process clause require provide certain procedures notice hearing individual prove substantive entitlement defend deprivation property clause properly understood nothing say existence scope substantive entitlement see part infra petitioners want rewrite contours substantive entitlement contained exoneration act err invoking procedural due process see reply brief argument sounds procedural due process majority responds asserting without citing state law colorado legal right retain petitioners money convictions invalidated ante true matter state law certain provisions exoneration act require state return costs fees restitution limited circumstances following conviction reversal superfluous thus extent majority implicitly suggests petitioners right automatic refund point majority entirely unclear plainly incorrect defendants petitioners position substantive right recover money paid colorado state law petitioners asserted right automatic refund must arise due process clause due process clause confers substantive rights mcdonald chicago thomas concurring part concurring judgment notion constitutional provision guarantees person deprived life liberty property define substance rights strains credulity even casual user words event petitioners appear disavow substantive due process right return funds paid see reply brief tr oral arg absence property right state law apart right provided exoneration act petitioners decline invoke colorado refusal return money depriv ation property within meaning fourteenth amendment colorado therefore required provide process return money ii one disputes petitioners never convicted colorado required pay money issue one disputes colorado require petitioners pay additional costs fees restitution convictions invalidated follow however petitioners property right money paid pursuant convictions belongs state victims colorado law today announces petitioners right automatic refund state legal right money ante intuitive rhetorical appeal aside seriously attempt ground conclusion state federal law petitioners supposed right automatic refund arises colorado law colorado remains free remand clarify whether right fact exists arises substantive due process procedural due process analysis misses point respectfully dissent footnotes together madden colorado also certiorari see rule footnotes costs fees went victim compensation fund victims witnesses assistance law enforcement fund vast fund see costs fees went victim compensation fund vast fund special advocate surcharge see app see rev stat levying fees criminal action resulting conviction deferred judgment sentence vast fund fees ii special advocate surcharge one exception order conviction shall include consideration restitution see also state pays cost criminal cases defendant acquitted citing rev stat colorado law restitution order tied criminal conviction rendered separate civil judgment see conviction reversed restitution order dependent conviction simultaneously vacated see people scearce app cases pending colorado passed new legislation provide eimbursement amounts paid following vacated conviction see house bill quoting language rev stat new provision legislation takes effect september effect cases us prior exoneration act colorado recognized competence courts upon reversal conviction order refund monetary exactions imposed defendant solely reason conviction toland strohl compensation exoneration act includes per year incarceration wrongful conviction additional sums per year served defendant sentence death placed parole probation sex offender registry compensation child support payments due incarceration tuition waivers state institutions higher education exonerated person children conceived legally adopted incarceration reasonable attorney fees bringing exoneration act claim see cooper oklahoma standard proof establish incompetence stand trial dowling admissibility testimony prior crime defendant acquitted patterson new york burden proving affirmative defense medina california burden proving incompetence stand trial citing bell wolfish colorado asserts presumption innocence applies criminal trials thus application brief respondent colorado misapprehends wolfish opinion case recognized due process clause detainee adjudged guilty crime may punished see wolfish held presumption prevent government detain ing defendant ensure presence trial long conditions restrictions detention amount punishment otherwise violate constitution medina applicable colorado exoneration act scheme similarly fail due process measurement medina criminal procedure violates due process offends principle justice rooted traditions conscience people ranked fundamental quoting patterson presumption innocence unquestionably fits bill colorado invites distinction convictions merely voidable rather void urges invalidated convictions fall voidable category see brief respondent justice hood noted dissent however reversal reversal regardless reason nd invalid conviction conviction dissent echoes colorado argument nelson madden prevailed trial dissent agrees costs fees restitution exacted see post prevailed appellate inspection state gets keep money see ibid colorado law dissent reads colorado opinion moneys lawfully exacted pursuant valid conviction become public funds case restitution victims money post shut dissent sights however convictions pursuant state took petitioners money invalid hence state legal right retain money given invalidity convictions exoneration act afford sufficient process enable state retain money surely successful petitioner exoneration act recover reasonable attorney fees iv neither defendant counsel likely assume risk loss amounts gained worth candle colorado additionally argues defendants request stay sentence pending appeal thereby reducing risk erroneous deprivation see brief respondent state acknowledged oral argument defendants meet requirements stay pending appeal entails tr oral arg even stay available trial may require defendant deposit whole part costs app rule footnotes briefly opines medina analysis come cases discussion issue dictum substantially incomplete suggests medina support judgment presumption innocence deeply rooted fundamental ante true course presumption restored conviction reversed says little question hand namely must happen presumption restored notably cites single case applying presumption innocence refund context time ignores cases bear directly question cases thus must part proper medina inquiry see infra page position also odds principles procedural due process jurisprudence well settled example plaintiff deprived property inadequate process entitled compensated defendant prove deprivation occurred even plaintiff given due process thompson district columbia cadc see carey piphus principle obvious tension holding cites one intermediate appellate case proposition conviction reversed restitution order dependent conviction simultaneously vacated ante citing people scearce app scearce discuss whether payments made victims whether recoverable state important scearce hardly last word question whether due process invariably requires refund restitution footnotes previously observed due process clause may originally understood require government proceed according land according written constitutional statutory provisions depriving someone life liberty property johnson thomas concurring judgment slip quoting hamdi rumsfeld thomas dissenting colorado advance argument unnecessary resolve issue cases assume due process clause requires baseline procedures regardless provisions colorado law specifically exoneration act entitles exonerated defendant compensation convicted felony incarcerated among requirements prove clear convincing evidence actually innocent meaning conviction result miscarriage justice factually innocent rev stat see nelson insufficiency evidence legal error unrelated person actual innocence support either exoneration subsequent compensation act ibid