Where’s my money? If your convictions are reversed, you are entitled to reimbursement of money paid into the Violent Victims Act Fund.

Levin Ruffin v. United States (Decided April 14, 2016).

Players: Judges Glickman and Blackburne-Rigsby, and Senior Judge Farrell. Opinion by Judge Blackburne-Rigsby. Jeffrey Light for Mr. Ruffin. Trial Judge: Michael L. Rankin

Facts: The Court of Appeals previously reversed Mr. Ruffin’s misdemeanor assault on a police officer and felony threats convictions for insufficient evidence. See Ruffin v. United States, 76 A.3d 845, 847-48 (D.C. 2013).  We blogged about that decision here.  Following reversal, Mr. Ruffin moved the trial court to: (1) issue a certificate of innocence so that he could file an unjust imprisonment claim against the District of Columbia; and (2) order the return of $250 he paid into the Violent Victims Act Fund (VVC Fund). The court denied the requests, holding it lacked jurisdiction to issue a certificate of innocence and that it had no authority to order reimbursement from the VVC Fund.

Issue 1: Did the trial court have jurisdiction to issue a certificate of innocence?

Holding 1: Yes, although one was unwarranted in this case. Superior Court judges have authority to issue certificates of innocence under D.C. Code § 2-421. In order to receive a certificate of innocence, the petitioner must prove (1) “that his conviction has been vacated,” and (2) “that, based upon clear and convincing evidence, he did not (a) commit any of the acts charged or (b) his acts or omissions in connection with such charge constituted no offense, and (c) he did not, by his misconduct, bring about his own prosecution.” The Court found that although Mr. Ruffin satisfied the first prong, his “wrongful conduct,” though not sufficient to prove guilt of a crime beyond a reasonable doubt, still precipitated his prosecution. Thus, Mr. Ruffin was ineligible for a certificate of innocence.

Issue 2: Should the trial court have ordered the VVC Fund to reimburse Mr. Ruffin his money?

Holding 2: Yes, “the trial court has not only the power but the duty . . . to correct an illegal sentence or fine by imposing a valid and correct sentence (or as the case may be a valid assessment under the VVC Fund).” DH

Read full opinion here.