772 So. 2d 299 - State v. Ebarb’s Empirical Analysis

Citation profile

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

1. “[A]n indigent defendant may not be subjected to imprisonment because she is unable to pay a fine which is part of her sentence. Bearden v. Georgia, 461 U.S. 660 , 103 S.Ct. 2064 , 76 L.Ed.2d 221 (1983); State v. Monson, 576 So.2d 517 (La.1991). The Monson court, dealing with a sentence providing for a jail term in the event the defendant failed to make "restitution," transferred the application for supervisory writs to the trial court for a determination of indigency, stating that "if relator is found to be indigent, the trial court is ordered to delete only that portion of his sentence which provides for a jail term in the event of default of payment." State v. Monson, supra at 518 . Accord, State v. Collins, 32,409 (La.App.2d Cir.9/22/99), 763 So.2d 618 . Therefore, we remand for a hearing to determine whether defendant is actually unable to pay the fine and costs imposed. Should the trial court find that defendant is unable to pay, that portion of the sentence which imposes default time in lieu of payment shall be deleted. We note, however, that La.C.Cr.P. art. 886 permits the state to enforce collection of the amount owed in the same manner as a money judgment in a civil case. See State v. Monson, supra ; State v. Collins, supra .”

   1 later decision quote this exact passage
   e.g. 953 So. 2d 91 - State v. Williams