WHAT HAPPENED: The Appellants were convicted of criminal charges and paid fines. Appellants subsequently won their appeal and their convictions were overturned. Appellant asked for their fees back, but Colorado said they had to go to civil court and prove their innocence by clear and convincing evidence to get their money back.
Wait…..
(reads facts again)
HAHAHA that’s so stupid. OK sure let’s do this.
WHY IS THIS BEFORE THE SUPREME COURT: Colorado argues that once the fines are paid into the Court system, the money becomes the ownership of the State and that it’s the Defendant’s burden to prove that they can get it back.
(reads appellate brief again)
HAHAHAHA seriously Colorado maybe it’s time to ban weed again.
WHAT ARE THE RAMIFICATIONS – Ok, seriously this time. You could argue that this case represents the Court stepping on State’s rights because if Colorado wants to have a stupid rule about keeping your fines, they should be allowed to do whatever they want. That being said, this clearly violates procedural due process, probably violates substantive due process, and could colorably be classified as a government taking without due process. Luckily we don’t have anyone from Colorado joining significant parts of the Federal judiciary with life tenure anytime soon.
(reads news)
HAHAHAHAHAHA, never change Colorado.
ROOT FOR NELSON IF: you’re not the one person whose salary is paid by defendants who are motivated enough to appeal their criminal convictions, but not motivated enough to file for the fees returned.
ROOT FOR COLORADO IF: you are Colorado
PREDICTION: Nelson 6-2 (Alito/Thomas special).
The Citizen's Guide to the Supreme Court 