Colorado, like many states, imposes various monetary penalties when a person is convicted of a crime. But Colorado appears to be the only state that does not refund these penalties when a conviction is reversed. Rather, Colorado requires defendants to prove their innocence by clear and convincing evidence to get their money back.
The Question Presented is whether this requirement is consistent with due process.
Given the whole “Colorado is the only state that does this” thing, it’s not immediately apparent what effect this case might have on Wisconsin practice. Perhaps the Court’s resolution or reasoning will have some impact on Wisconsin’s statute governing compensation for exonerated prisoners, Wis. Stat. § 775.05. Or perhaps not.
A question for our readers: On Point’s research has not uncovered statutory or case law authority for refunding fines after reversal of a conviction. One certainly hopes that is the practice, but anyone who knows of any law on the subject is invited to respond in the comments.