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Colorado refused, even after the plaintiffs won in a state-level appellate court. The state, instead, insisted that if they wanted their money back, they’d have to file a claim under the Exoneration Act, forcing the defendants to once again prove their innocence to retrieve their funds. The plaintiffs appealed all the way to the Supreme Court, who sided with the citizens in a 7-1 ruling, declaring Colorado’s law unconstitutional.
Justice Ruth Bader Ginsburg wrote the majority opinion for the court declaring “the Exoneration Act’s scheme does not comport with the Fourteenth Amendment’s guarantee of due process.”
Ginsburg wrote that Nelson and Madden are “entitled to be presumed innocent” and “should not be saddled with any proof burden” to reclaim what is already theirs. In other words, they shouldn’t have to demonstrate they’re not criminals after the court has already made such a determination.