Public-domain · open source
OpenJurist
← 87 Wash. 2d 814 - State v. Barklind

87 Wash. 2d 814 - State v. Barklind’s Empirical Analysis

1976

Citation profile

41
cited by 41 later decisions
4
states following
March 2018
most recently cited

2 district · 39 state decisions

How this case has been cited

Cited by 41 later decisions — most recently March 2018 · most notably State v. Blank (1997), 81 Ill. 2d 176 - People v. Cook (1980)

2 district · 39 state decisions

14019761980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Fuller v. Oregon · James v. Strange · 71 Cal. 2d 388 - In Re Allen · Shaw v. Commissioner of Corporations & Taxation · 57 Wis. 2d 611 - State v. Gerard

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

  1. “(1) Repayment must not be mandatory; (2) Repayment may be imposed only on convicted defendants; (3) Repayment may only be ordered if the defendant is or will be able to pay; (4) The financial resources of the defendant must be taken into account; (5) A repayment obligation may not be imposed if it appears there is no likelihood the defendant's indigency will end; (6) The convicted person must be permitted to petition the court for remission of the payment of costs or any unpaid portion; (7) The convicted person cannot be held in contempt for failure to repay if the default was not attributable to an intentional refusal to obey the court order or a failure to make a good faith effort to make repayment.”
    6 later decisions quote this exact passage
  2. “NEW SECTION. Sec. 3. A new section is added to chapter 10.73 RCW to read as follows: (1) The court of appeals, supreme court, and superior courts may require an adult or a juvenile convicted of an offense or the parents or another person legally obligated to support a juvenile offender to pay appellate costs. (2) Appellate costs are limited to expenses specifically incurred by the state in prosecuting or defending an appeal or collateral attack from a criminal conviction or sentence or a juvenile offender conviction or disposition. Appellate costs shall not include expenditure to maintain and operate government agencies that must be made irrespective of specific violations of the law. Expenses incurred for producing a verbatim report of proceedings and clerk’s papers may be included in costs the court may require a convicted defendant or juvenile offender to pay. (3) Costs, including recoupment of fees for court-appointed counsel, shall be requested in accordance with the procedures contained in Title 14 of the rules of appellate procedure and in Title 9 of the rules for appeal of decisions of courts of limited jurisdiction. An award of costs shall become part of the trial court judgment and sentence. . . . (4) A defendant or juvenile offender who has been sentenced to pay costs and who is not in contumacious default in the payment may at any time petition the court that sentenced the defendant or juvenile offender for remission of the payment of costs or of any unpaid portio”
    1 later decision quote this exact passage
  3. “(1) The court may require a convicted defendant to pay costs. "(2) Costs shall be limited to expenses specially incurred by the state in prosecuting the defendant. They cannot include expenses inherent in providing a constitutionally guaranteed jury trial or expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law. Expenses incurred for serving of warrants for failure to appear and jury fees under RCW 10.46.190 may be included in costs the court may require a convicted defendant to pay. "(3) The court shall not sentence a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.” 21 ”We note that the legislature has enacted a recoupment statute identical to the Oregon statute upheld in Fuller.”
    1 later decision quote this exact passage

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.