Abdullah v. State’s Empirical Analysis

Citation profile

1 federal appellate · 15 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Fourteenth Amendment to the United States Constitution protects against deprivation of life, liberty, or property by the State "without due process of law.” Daniels v. Williams, 474 U.S. 327, 331 , 106 S.Ct. 662 , 88 L.Ed.2d 662 (1986). These words “require that deprivation of life, liberty or property by adjudication be preceded by notice and opportunity for hearing appropriate to the nature of the case.” Logan v. Zimmerman Brush Co., 455 U.S. 422, 428 , 102 S.Ct. 1148 , 71 L.Ed.2d 265 (1982); Thoyakulathu v. Brennan, 192 S.W.3d 849 (Tex.App.-Texarkana 2006, no pet.). The opportunity to be heard is the fundamental requirement of due process; it is an opportunity which must be granted at a meaningful time and in a meaningful manner. Armstrong v. Manzo, 380 U.S. 545, 552 , 85 S.Ct. 1187 , 14 L.Ed.2d 62 (1965); Brewer v. Collins, 857 S.W.2d 819, 822 (Tex.App.-Houston [1st Dist.] 1993, no writ). Requiring the government to follow appropriate procedures when its agents decide to “deprive any person of life, liberty, or property,” the Due Process Clause promotes fairness in such decisions. Daniels, 474 U.S. at 331 , 106 S.Ct. 662 , 88 L.Ed.2d 662 . A helpful test in examining the question of whether due process was afforded employs a two-step inquiry: (1) Did the individual possess a protected interest to which due process protection was applicable? (2) Was the individual afforded an appropriate level of process? Copelin-Brown v. N.M. State Personnel Office, 399 F.3d 1248, 125”

   1 later decision quote this exact passage
   e.g. In Re Keeling

2. “(e) On notification by a court, the department shall withdraw from an inmate’s account any amount the inmate is ordered to pay by order of the court under this subsection. The department shall make a payment under this subsection as ordered by the court to either the court or the party specified in the court order. The department is not liable for withdrawing or failing to withdraw money or making payments or failing to make payments under this subsection. The department shall make withdrawals and payments from an inmate's account under this subsection according to the following schedule of priorities: (1) as payment in full for all orders for child support; (2) as payment in full for all orders for restitution; (3) as payment in full for all orders for reimbursement of the Texas Department of Human Services for financial assistance provided for the child's health needs under Chapter 31, Human Resources Code, to a child of the inmate; (4) as payment in full for all orders for court fees and costs; (5) as payment in full for all orders for fines; and (6) as payment in full for any other court order, judgment, or writ.”

   1 later decision quote this exact passage
   e.g. Harrell v. State

3. “The issue as raised by Abdullah, in simple terms, is whether he was accorded due process of law and given proper notice before the State took his money. In simple terms, the answer is: No. [[Image here]] It is apparent from the extremely skimpy nature of these proceedings that no attempt was made to follow garnishment procedure, turnover procedure, or any other type of procedure before the trial court entered its order. There are no pleadings, no proper writ of garnishment, no notifications, no warnings, and no opportunity to respond. Although a judgment of conviction typically reflects the amount of costs incurred, this one does not. When a judgment does contain that information, it would often be clear what amount of costs existed, and the Legislature has provided a means to garnish the funds available to inmates through their trust accounts so as to satisfy the state’s expenses. Neither that means, nor any other procedure, was utilized in this case.”

   1 later decision quote this exact passage
   e.g. In Re Keeling