GPO-CONAN-2017-10-15.pdf

875 for analysis of the cases implications see rakoff

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875 For analysis of the case’s implications, see Rakoff, Brock v. Roadway Ex- press, Inc., and the New Law of Regulatory Due Process , 1987 S UP . C T . R EV . 157. 876 538 U.S. 715 (2003). 1993 AMENDMENT 14—RIGHTS GUARANTEED
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the private interest affected—the temporary loss of the use of the money—could be compensated by the addition of an interest pay- ment to any refund of the fee. Further factors considered were that a 30-day delay was unlikely to create a risk of significant factual errors, and that shortening the delay significantly would be admin- istratively burdensome for the city. In another context, the Supreme Court applied the Mathews test to strike down a provision in Colorado’s Exoneration Act. 877 That statute required individuals whose criminal convictions had been invalidated to prove their innocence by clear and convincing evi- dence in order to recoup any fines, penalties, court costs, or restitu- tion paid to the state as a result of the conviction. 878 The Court, noting that “[a]bsent conviction of crime, one is presumed inno- cent,” 879 concluded that all three considerations under Mathews “weigh[ed] decisively against Colorado’s scheme.” 880 Specifically, the Court reasoned that (1) those affected by the Colorado statute have an “obvious interest” in regaining their funds; 881 (2) the burden of proving one’s innocence by “clear and convincing” evidence unaccept- ably risked erroneous deprivation of those funds; 882 and (3) the state had “no countervailing interests” in withholding money to which it had “zero claim of right.” 883 As a result, the Court held that the state could not impose “anything more than minimal procedures” 877 See Nelson v. Colorado, 581 U.S. ___, No. 15–1256, slip op. at 1 (2017). 878 See id. at 4–5 (describing Colorado’s Exoneration Act). Initially, the Court concluded that because the case concerned the “continuing deprivation of property after a [criminal] conviction” was reversed or vacated and “no further criminal pro- cess” was implicated by the case, the appropriate lens to examine the Exoneration Act was through the Mathews balancing test that generally applies in civil contexts. Id. at 5–6. The Court noted, however, that even under the test used to examine criminal due process rights—the fundamental fairness approach—Colorado’s Exon- eration Act would still fail to provide adequate due process because the state’s pro- cedures offend a fundamental principle of justice—the presumption of innocence. Id. at 7 n.9. 879 Id. at 1. 880 Id. at 6. 881 Id. In so concluding, the Court rejected Colorado’s argument that the money in question belonged to the state because the criminal convictions were in place at the time the funds were taken. Id. The Court reasoned that after a conviction has been reversed, the criminal defendant is presumed innocent and any funds provided to the state as a result of the conviction rightfully belong to the person who was formerly subject to the prosecution. Id. at 7 (“Colorado may not presume a person,
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