Exoneration Act – 14th Amendment

By: Derek Hawkins//May 3, 2017//

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US Supreme Court

Case Name: Nelson v. Colorado

Case No.: 15-1256

Focus: Exoneration Act – 14^th Amendment

The Exoneration Act’s scheme does not comport with the Fourteenth Amendment’s guarantee of due process

“The procedural due process inspection required by Mathews v. Eldridge, 424 U. S. 319, governs these cases. Medina v. California, 505 U. S. 437, controls when state procedural rules that are part of the criminal process are at issue. These cases, in contrast, concern the continuing deprivation of property after a conviction has been reversed or vacated, with no prospect of reprosecution”

Reversed and remanded

Concur: Alito

Dissent: Thomas

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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