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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Appeals held prosecutors are not required to prove that a probationer was able to pay fees and fines when his probation was revoked due to nonpayment.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Appeals held prosecutors are not required to prove that a probationer was able to pay fees and fines when his probation was revoked due to nonpayment.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:
- Law Review Article Reports Metadata on Victims of Coercive Plea Bargaining, Sept. 1, 2024
- California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393, Sept. 1, 2024
- New Mexico Supreme Court Holds Double Jeopardy Applies When Prosecutor’s Misconduct Willfully Disregarded Resulting Mistrial, Sept. 1, 2024
- After Spike in Jail Deaths, Riverside County Sheriff’s Department Under California Department of Justice Investigation, Aug. 15, 2024
- $7.5 Million Settlement in Suit Over California Jail Death, Aug. 15, 2024
- Oregon Transgender Prisoner Claims Abusive Violation of Injunction, but Court Declines Sanctions, Aug. 15, 2024
- Kentucky Parole Officer Gets Three Years for Sexually Assaulting Probationers, Aug. 15, 2024
- Louisiana Supreme Court Finds Prosecution Withheld Favorable Impeachment and Exculpatory Evidence in Violation of Brady, Aug. 1, 2024
- New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock, July 15, 2024
- Surveillance Tech Companies Compose Self-Promoting Press Releases for Cops That Media Lazily Regurgitates, July 15, 2024
More from these topics:
- 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.
- Ohio Supreme Court: Ineffective Assistance of Counsel Analysis Applies to Failure to Seek Waiver of Court Costs, March 18, 2020. Costs.
- Prosecutors Get Real Look at Life After Prison, Feb. 4, 2020. Prosecutors, Release and Reentry, Parole, Probation.
- Illinois Supreme Court: Statute Banning All Sex Offenders on Probation From Accessing or Using Social Networking Websites Facially Unconstitutional, Jan. 21, 2020. Sex Offenders (Discrimination), Probation.
- New York Stops Testing Probationers for Marijuana Use, Dec. 10, 2019. War on Drugs, Probation.
- In Landmark Opinion, Colorado Supreme Court Announces Courts May Not Sentence Defendant to Both Prison and Probation in Multi-Count Cases, Nov. 18, 2019. Sentencing, Probation.