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SUPREME COURT OF THE UNITED STATES
_________________
No. 15–1256
_________________
SHANNON NELSON, PETITIONER
v.
COLORADO
LOUIS A. MADDEN, PETITIONER
v.
COLORADO
on writ of certiorari to the supreme court of
colorado
[April 19, 2017]
Justice Ginsburg delivered the opinion of the
Court.
When a criminal conviction is invalidated by a
reviewing court and no retrial will occur, is the State obliged to
refund fees, court costs, and restitution exacted from the
defendant upon, and as a consequence of, the conviction? Our answer
is yes. Absent conviction of a crime, one is presumed innocent.
Under the Colorado law before us in these cases, however, the State
retains conviction-related assessments unless and until the
prevailing defendant institutes a discrete civil proceeding and
proves her innocence by clear and convincing evidence. This scheme,
we hold, offends the Fourteenth Amendment’s guarantee of due
process.
I
A
Two cases are before us for review. Petitioner
Shannon Nelson, in 2006, was convicted by a Colorado jury of five
counts—two felonies and three misdemeanors—arising from the alleged
sexual and physical abuse of her four children. 362 P. 3d
1070, 1071 (Colo. 2015); App. 25–26. The trial court imposed a
prison sentence of 20 years to life and ordered Nelson to pay court
costs, fees, and restitution totaling $8,192.50. 362 P. 3d, at
1071. On appeal, Nelson’s conviction was reversed for trial error.
Ibid. On retrial, a new jury acquitted Nelson of all
charges.
Ibid.
Petitioner Louis Alonzo Madden, in 2005, was
convicted by a Colorado jury of attempting to patronize a
prostituted child and attempted third-degree sexual assault by
force. See 364 P. 3d 866, 867 (Colo. 2015). The trial court
imposed an indeterminate prison sentence and ordered Madden to pay
costs, fees, and restitution totaling $4,413.00.
Ibid. The
Colorado Supreme Court reversed one of Madden’s convictions on
direct review, and a postconviction court vacated the other.
Ibid. The State elected not to appeal or retry the case.
Ibid.
Between Nelson’s conviction and acquittal, the
Colorado Department of Corrections withheld $702.10 from her inmate
account, $287.50 of which went to costs and fees[
1] and $414.60 to restitution. See 362
P. 3d, at 1071, and n. 1. Following Madden’s conviction,
Madden paid Colorado $1,977.75, $1,220 of which went to costs and
fees[
2] and $757.75 to
restitution. See 364 P. 3d, at 867. The sole legal basis for
these assessments was the fact of Nelson’s and Madden’s
convictions.[
3] Absent those
convictions, Colorado would have no legal right to exact and retain
petitioners’ funds.
Their convictions invalidated, both petitioners
moved for return of the amounts Colorado had taken from them. In
Nelson’s case, the trial court denied the motion outright. 362
P. 3d, at 1071. In Madden’s case, the postconviction court
allowed the refund of costs and fees, but not restitution. 364
P. 3d, at 867–868.
The same Colorado Court of Appeals panel heard
both cases and concluded that Nelson and Madden were entitled to
seek refunds of all they had paid, including amounts allocated to
restitution. See
People v.
Nelson, 369 P. 3d
625, 628–629 (2013);
People v.
Madden, 2013 WL
1760869, *1 (Apr. 25, 2013). Costs, fees, and restitution, the
court held, must be “tied to a valid conviction,” 369 P. 3d,
at 627–628, absent which a court must “retur[n] the defendant to
the status quo ante,” 2013 WL 1760869, at *2.
The Colorado Supreme Court reversed in both
cases. A court must have statutory authority to issue a refund,
that court stated. 362 P. 3d, at 1077; 364 P. 3d, at 868.
Colorado’s Compensation for Certain Exonerated Persons statute
(Exoneration Act or Act), Colo. Rev. Stat. §§13–65–101, 13–65–102,
13–65–103 (2016), passed in 2013, “provides the proper procedure
for seeking a refund,” the court ruled. 362 P. 3d, at 1075,
1077. As no other statute addresses refunds, the court concluded
that the Exoneration Act is the “exclusive process for exonerated
defendants seeking a refund of costs, fees, and restitution.”
Id., at 1078.[
4] Because
neither Nelson nor Madden had filed a claim under the Act, the
court further determined, their trial courts lacked authority to
order a refund.
Id., at 1075, 1078; 364 P. 3d, at
867.[
5] There was no due
process problem, the court continued, because the Act “provides
sufficient process for defendants to seek refunds of costs, fees,
and restitution that they paid in connection with their
conviction.” 362 P. 3d, at 1078.
Justice Hood dissented in both cases. Because
neither petitioner has been validly convicted, he explained, each
must be presumed innocent.
Id., at 1079 (
Nelson); 364
P. 3d, at 870 (adopting his reasoning from
Nelson in
Madden). Due process therefore requires some mechanism “for
the return of a defendant’s money,” Justice Hood maintained, 362
P. 3d, at 1080; as the Exoneration Act required petitioners to
prove their innocence, the Act, he concluded, did not supply the
remedy due process demands,
id., at 1081. We granted
certiorari. 579 U. S. ___ (2016).
B
The Exoneration Act provides a civil claim for
relief “to compensate an innocent person who was wrongly
con-victed.” 362 P. 3d, at 1075. Recovery under the Act is
avail-able only to a defendant who has served all or part of a term
of incarceration pursuant to a felony conviction, and whose
conviction has been overturned for reasons other than insufficiency
of evidence or legal error unrelated to actual innocence. See
§13–65–102. To succeed on an Exoneration Act claim, a petitioner
must show, by clear and convincing evidence, her actual innocence
of the offense of conviction. §§13–65–101(1), 13–65–102(1). A
successful petitioner may recoup, in addition to compensation for
time served,[
6] “any fine,
penalty, court costs, or restitution . . . paid
. . . as a result of his or her wrongful conviction.”
Id., at 1075 (quoting §13–65–103(2)(e)(V)).
Under Colorado’s legislation, as just recounted,
a defendant must prove her innocence by clear and convincing
evidence to obtain the refund of costs, fees, and restitution paid
pursuant to an invalid conviction. That scheme, we hold, does not
comport with due process. Accordingly, we reverse the judgment of
the Supreme Court of Colorado.
II
The familiar procedural due process inspection
instructed by
Mathews v.
Eldridge, 424 U. S. 319
(1976) , governs these cases. Colorado argues that we should
instead apply the standard from
Medina v.
California,
505 U. S. 437, 445 (1992) , and inquire whether Nelson and
Madden were exposed to a procedure offensive to a fundamental
principle of justice.
Medina “provide[s] the appropriate
framework for assessing the validity of state procedural rules”
that “are part of the criminal process.”
Id., at 443. Such
rules concern, for example, the allocation of burdens of proof and
the type of evidence qualifying as admissible.[
7] These cases, in contrast, concern the
continuing deprivation of property after a conviction has been
reversed or vacated, with no prospect of reprosecution. See
Kaley v.
United States, 571 U. S. ___, ___,
n. 4 (2014) (Roberts, C. J., dissenting) (slip op., at
10–11, n. 4) (explaining the different offices of
Mathews and
Medina). Because no further criminal
process is implicated,
Mathews “provides the relevant
inquiry.” 571 U. S., at ___ (slip op., at 11, n. 4).
III
Under the
Mathews balancing test, a
court evaluates (A) the private interest affected;
(B) the risk of erroneous deprivation of that interest through
the procedures used; and (C) the governmental interest at
stake. 424 U. S., at 335. All three considerations weigh
decisively against Colorado’s scheme.
A
Nelson and Madden have an obvious interest in
regaining the money they paid to Colorado. Colorado urges, however,
that the funds belong to the State because Nelson’s and Madden’s
convictions were in place when the funds were taken. Tr. of Oral
Arg. 29–31. But once those convictions were erased, the presumption
of their innocence was restored. See,
e.g.,
Johnson
v.
Mississippi, 486 U. S. 578, 585 (1988) (After a
“conviction has been reversed, unless and until [the defendant]
should be retried, he must be presumed innocent of that
charge.”).[
8] “[A]xiomatic and
elementary,” the presumption of innocence “lies at the foundation
of our criminal law.”
Coffin v.
United States, 156
U. S. 432, 453 (1895) .[
9]
Colorado may not retain funds taken from Nelson and Madden solely
because of their now-invalidated convictions, see
supra, at
2–3, and n. 3, for Colorado may not presume a person, adjudged
guilty of no crime, nonetheless guilty
enough for monetary
exactions.[
10]
That petitioners prevailed on subsequent review
rather than in the first instance, moreover, should be
inconsequential. Suppose a trial judge grants a motion to set aside
a guilty verdict for want of sufficient evidence. In that event,
the defendant pays no costs, fees, or restitution. Now suppose the
trial court enters judgment on a guilty verdict, ordering cost,
fee, and restitution payments by reason of the conviction, but the
appeals court upsets the conviction for evidentiary insufficiency.
By what right does the State retain the amount paid out by the
defendant? “[I]t should make no difference that the
reviewing court, rather than the trial court, determined the
evidence to be insufficient.”
Burks v.
United States,
437 U. S. 1, 11 (1978) . The vulnerability of the State’s
argument that it can keep the amounts exacted so long as it
prevailed in the court of first instance is more apparent still if
we assume a case in which the sole penalty is a fine. On Colorado’s
reasoning, an appeal would leave the defendant emptyhanded;
regardless of the outcome of an appeal, the State would have no
refund obligation. See Tr. of Oral Arg. 41, 44.[
11]
B
Is there a risk of erroneous deprivation of
defendants’ interest in return of their funds if, as Colorado
urges, the Exoneration Act is the exclusive remedy? Indeed yes, for
the Act conditions refund on defendants’ proof of innocence by
clear and convincing evidence. §13–65–101(1)(a). But to get their
money back, defendants should not be saddled with any proof burden.
Instead, as explained
supra, at 6–7, they are entitled to be
presumed innocent.
Furthermore, as Justice Hood noted in dissent,
the Act provides no remedy at all for any assessments tied to
invalid misdemeanor convictions (Nelson had three). 362 P. 3d,
at 1081, n. 1; see §13–65–102(1)(a). And when amounts a
defendant seeks to recoup are not large, as is true in Nelson’s and
Madden’s cases, see
supra, at 2, the cost of mounting a
claim under the Exoneration Act and retaining a lawyer to pursue it
would be prohibitive.[
12]
Colorado argued on brief that if the Exoneration
Act provides sufficient process to compensate a defendant for the
loss of her liberty, the Act should also suffice “when a defendant
seeks compensation for the less significant deprivation of monetary
assessments paid pursuant to a conviction that is later
overturned.” Brief for Respondent 40. The comparison is inapt.
Nelson and Madden seek restoration of funds they paid to the State,
not compensation for temporary deprivation of those funds.
Petitioners seek only their money back, not interest on those funds
for the period the funds were in the State’s custody. Just as the
restoration of liberty on reversal of a conviction is not
compensation, neither is the return of money taken by the State on
account of the conviction.
Colorado also suggests that “numerous pre- and
post-deprivation procedures”—including the need for probable cause
to support criminal charges, the jury-trial right, and the State’s
burden to prove guilt beyond a reasonable doubt—adequately minimize
the risk of erroneous deprivation of property.
Id., at 31;
see
id., at 31–35. But Colorado misperceives the risk at
issue. The risk here involved is not the risk of wrongful or
invalid conviction
any criminal defendant may face. It is,
instead, the risk faced by a defendant whose conviction has already
been overturned that she will not recover funds taken from her
solely on the basis of a conviction no longer valid. None of the
above-stated procedures addresses that risk, and, as just
explained, the Exoneration Act is not an adequate rem-edy for the
property deprivation Nelson and Madden experienced.[
13]
C
Colorado has no interest in withholding from
Nelson and Madden money to which the State currently has zero claim
of right. “Equitable [c]onsiderations,” Colorado suggests, may bear
on whether a State may withhold funds from criminal defendants
after their convictionsare overturned. Brief for Respondent 20–22.
Colorado, however, has identified no such consideration relevantto
petitioners’ cases, nor has the State indicated anyway in which the
Exoneration Act embodies “equitable considerations.”
IV
Colorado’s scheme fails due process
measurement because defendants’ interest in regaining their funds
is high, the risk of erroneous deprivation of those funds under the
Exoneration Act is unacceptable, and the State has shown no
countervailing interests in retaining the amounts in question. To
comport with due process, a State may not impose anything more than
minimal procedures on the refund of exactions dependent upon a
conviction subsequently invalidated.
* * *
The judgments of the Colorado Supreme Court
are reversed, and the cases are remanded for further proceedings
not inconsistent with this opinion.
It is so ordered.
Justice Gorsuch took no part in the
consideration or decision of these cases.
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