Public-domain · open source
OpenJurist
← 338 SC 350 - State v. Shelton

State v. Shelton’s Empirical Analysis

2000

Citation profile

2
cited by 2 later decisions
1
states following
December 2000
most recently cited

2 state decisions

Relationships

Relies on Hudson v. United States · TNS Mills, Inc. v. South Carolina Department of Revenue

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The statute provides: Notwithstanding Section 14-17-725, the Department of Probation, Parole, and Pardon Services shall assess a collection fee of twenty percent of each restitution program and deposit this collection fee into a separate account. The monies in this account must not be used until specifically authorized by law. The department shall maintain individual restitution accounts which reflect each transaction and the amount paid, the collection fee, and the unpaid balance of the account. A summary of these accounts must be reported to the Governor’s Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee every six months following the enactment of this section.”
    1 later decision quote this exact passage · from the majority
  2. “[A]s to the circuit court’s holding that the collection fee constitutes an “unauthorized fine” or a “substantial fine,” it plainly is not a fine at all. The goal of the collection fee, as evidenced by the statute’s language, is not to punish; rather, its goal is the remedial purpose of compensating the department for any loss incurred in administering the resti tution center program. The collection fee, therefore, is what the statute says it is, a “collection fee,” and its assessment and collection are expressly authorized. ■”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.