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Case history; Prior: Bearden v. State, 161 Ga. App. 640, 288 S.E.2d 662 (Ct. App. 1982); cert. granted, 458 U.S. 1105 (1982).: Holding; A sentencing court cannot properly revoke a defendant's probation for failure to pay a fine and make restitution, absent evidence and findings that he was somehow responsible for the failure or that alternative forms of punishment were inadequate to meet the ...
Imprisons debtors as a penalty for failure to pay criminal justice debt. Allows imprisonment of debtors for child support debt, applies 12% interest; A city government in Alabama that imprisoned debtors for fees resulting from the use of a private probation company was halted by Circuit Court Order as being a modern debtors' prison. (2012) [8] [61]
Bajakajian pleaded guilty to failure to report and opted for a bench trial on the forfeiture of the $357,144. A United States district court judge found the forfeiture of the whole $357,144 to be grossly disproportionate and in violation of the Eighth Amendment. He ordered forfeiture of $15,000 in addition to the maximum fine of $5,000 and ...
The Summary Jurisdiction Act 1879 (42 & 43 Vict. c. 49) gives a general power of appeal against an adjudication on conviction (but not on plea of guilty) to imprisonment without the option of a fine, whether as punishment for an offence or for failure to do or abstaining from doing any act, other than compliance with an order to pay money or ...
Brady v. Maryland, 373 U.S. 83 (1963), was a landmark U.S. Supreme Court decision holding that under the Due Process Clause of the Constitution of the United States, the prosecution must turn over to a criminal defendant any significant evidence in its possession that suggests the defendant is not guilty (exculpatory evidence).
The report from aides to Sen. Dick Durbin, an Illinois Democrat and chairman of the committee, says that the failure by conservative Justices Clarence Thomas and Samuel Alito to disclose lavish ...
The Supreme Court's brief denial of the administration's emergency request to lift the hold said the justices expect the appeals court will act quickly on the underlying challenge.
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