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SCOTUS Nelson v. Colorado 2017

Posted on Apr 20, 2017
In Nelson v. Colorado (2017) the SCOTUS issued a ruling wherein persons originally convicted but ordered to pay restutitiona, court costs, and fines must be reimbursed for their expenses if upon retrial they are found not guilty.  This opinion was authored by Justice Ginsberg and was approved 7-1.   The opinion was based upon the 14th Amendment's Due Process protections.  This case will have a variety of uses for persons who are acquitted and/or have convictions reversed after trial.  One issue raised by this opinion as applied to Illinois cases is when a person obtains a dismissal of the charge against them and they have posted bond may the circuit clerk keep the 10% of bond posted or does Nelson require a refund of said proceeds?  A strong argument can be made for full refund of the bond.  
Brian L. Polinske
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