Colo. Fee Refund Denial Unconstitutional, High Court Says

Law360, New York (April 19, 2017, 12:42 PM EDT) -- The U.S. Supreme Court on Wednesday said that Colorado’s policy of not refunding financial penalties paid by criminal defendants who get their convictions overturned unless they establish innocence in a separate civil proceeding violates the due process clause of the U.S. Constitution.

The high court in September agreed to review the case, which contests a ruling by the Colorado Supreme Court that held for criminal defendants whose convictions are reversed, the only way they can obtain a refund of financial sanctions — including fees, costs and...
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