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Texas Courts Examine Proof of Ability to Pay Probation Fees before Revocation
by Matt Clarke
In a November 14, 2012 opinion, the Texas Court of Criminal Appeals held prosecutors are not required to prove that a probationer was able to pay fees and fines when his probation was revoked due to nonpayment. The Court of Appeals reversed the probation revocation on remand, ...
In a November 14, 2012 opinion, the Texas Court of Criminal Appeals held prosecutors are not required to prove that a probationer was able to pay fees and fines when his probation was revoked due to nonpayment. The Court of Appeals reversed the probation revocation on remand, ...
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More from this issue:
- Corizon Needs a Checkup: Problems with Privatized Correctional Healthcare, by Greg Dober
- Florida County Agrees to Pay $4 Million to Deceased Prisoner’s Estate, by Derek Gilna
- Seventh Circuit Upholds Removal of Prisoner’s Dreadlocks
- From the Editor, by Paul Wright
- Second Circuit Vacates Magistrate’s Judgment Entered without Consent
- Why There’s an Even Larger Racial Disparity in Private Prisons Than in Public Ones, by Katie Rose Quandt
- Arrest-Proof Yourself, by Dale Carson and Wes Denham, by John Dannenberg
- When Victims Speak Up in Court – in Defense of the Criminals, by Andrew Cohen
- Texas Criminal Court Fees are a Tax on Poor Defendants, by Matthew Clarke
- Oregon Jail Guard Quits, Divorces Wife for Former Prisoner
- South Dakota Parole Board Improperly Enhanced Prisoner’s Parole Date
- California Female Prisoners Sterilized
- Kentucky Supreme Court: Probation Cannot be Extended for Sex Offender Treatment
- Former Detainee Alleges Unconstitutional Conditions at Illinois Jail, Accepts $7,501 Judgment
- Seventh Circuit Upholds FTCA Venue Transfer
- Alabama Sheriff Made Party on Counterclaim Alleging Prisoners Subjected to Sexual Abuse
- Adverse Inference Instruction Required for New York Jail’s Destruction of Video Evidence
- Washington Jail Denied Good Time without Due Process; Rehearing Ordered
- California County Not Liable for Misconduct of Jail Guard Not Acting within Scope of Employment
- Texas Courts Examine Proof of Ability to Pay Probation Fees before Revocation, by Matthew Clarke
- Second Circuit: Videoconference at Resentencing Violates Right to be Present
- Taylor County, Texas Rarely Disciplines Jailers
- Eighth Circuit: Denial of Nominal Damages Jury Instruction was Improper
- D.C. Circuit Holds PLRA’s Exhaustion Requirement Inapplicable to Former Prisoner
- Michigan Parole and Probation Supervision Scrutinized; Three Officials Fired
- The Federal Tort Claims Act: A Primer, by Derek Gilna
- Psst! Hey Man, Need Some Execution Drugs?
- A Rare Look Inside the Maine State Prison's "Supermax", by Lance Tapley
- Video Visitation a Growing Trend, but Concerns Remain
- Online Gaming Accounts of New York Registered Sex Offenders Restricted or Closed
- PLRA Does Not Permit Waiver of Court-ordered Answer
- New Hampshire Prisoners Suspected of Breaching Prison Computer System
- Businesses, Members of Congress Not Happy with UNICOR, by Derek Gilna
- Ninth Circuit Holds Staff Sexual Abuse Presumed Coercive; State Bears Burden of Rebutting Presumption
- Lawsuits filed over Oregon Jail Death
- News in Brief
More from Matthew Clarke:
- Multitudes Caged for Failure to Pay Child Support, Driving Mass Incarceration, May 1, 2025
- Los Angeles County Pays $24 Million to Two Former Prisoners Wrongly Convicted as Teens of 1997 Murder, May 1, 2025
- Federal Watchdog Calls Out BOP for Spiking Suicide Risk at Pennsylvania Lockup, April 1, 2025
- Eighth Circuit: Arkansas Prisoner Who Had Consensual Sex With Guard Cannot Sustain Eighth Amendment Claim, April 1, 2025
- TDCJ to Run Out of Beds in 2025, April 1, 2025
- “Happy Mother’s Day”: $1,353,000 Settlement Approved for Migrant Parents Separated from Minor Kids at Border, March 1, 2025
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
More from these topics:
- The Crushing Toll of Ohio’s Death Penalty: A Billion-Dollar Failure, May 15, 2025. Costs, Death Penalty.
- Missouri Repeals “Pay-to-Stay” Law, May 1, 2025. Cost of Prison Systems, Costs, Ability to Pay.
- Bodycam Footage for Sale: Ohio Joins the List of States Charging Money for Bodycam Footage, While Others Restrict It Entirely, April 15, 2025. Videotaping, Costs, Seizure of Prisoner Funds, Funds for Investigative Services.
- Alabama Jail Accused of Granting Detainee’s Medical Bond Just Before Death to Avoid Costly Medical Care, Nov. 15, 2024. Failure to Treat, Costs, Bail Bonds.
- Impoverished Ohio County Gets New Jail Space After Settling Suit for Bloody Detainee Assault, Oct. 15, 2024. Cost of Prison Systems, Guard Brutality/Beatings, Restraints, Settlements, Costs.
- Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees, June 15, 2024. Appointment of Counsel, Costs, Restitution, Bail Bonds.
- Georgia Enacts Massive Probation Reform Bill, Oct. 1, 2021. Probation.
- Police Legal Defense Funds Have Millions in Reserve, Aug. 15, 2021. Costs, Police.
- The Costs of the War on Drugs, May 15, 2021. War on Drugs, Costs.
- Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena, Oct. 4, 2020. Civil Procedure, Subpoenas, Fair Trial.