Issue Whether courts must consider a person’s ability to pay a fine when determining whether the fine is excessive under the Excessive Fines Clause of the U.S. Constitution and the …
Issues 1. Whether the forfeiture of property based on being utilized in the commission of a crime is subject to the excessive fines clause of the U.S. Constitution. 2. Whether, as …
Issue Whether Pennsylvania Rule of Criminal Procedure 706(C) requires a trial court to consider a defendant’s ability to pay prior to imposing mandatory court costs at sentencing. Pa.R.Crim.P. 706(C) reads: “The court, …
On July 26, 2022, the United States Department of Justice (DOJ) filed a Statement of Interest (SOI) in the case of Coleman v. Brookside, 2:22-cv-00423-RDP, pending in the U.S. District …
Johnson v. Goodwin (Formerly Johnson v. Jessup) Case No. 1:18-cv-00467 (M.D. N.C. 2022) On March 3, 2022, a federal court accepted a settlement in this class action lawsuit brought against the …
Issue: Whether costs and fees collected in amounts greater than what is permitted by law constitutes an illegal exaction. Holding: Yes, charging costs and fees not permitted by law …
Fowler v. Missouri Sheriffs’ Retirement System 623 S.W.3d 578 (2021) Issue: Whether the statute allowing counties and municipal courts to assess and collect a $3 surcharge that goes towards the Missouri …
Summary: Steven Long worked as a general tradesman and stored work tools and personal items in his truck, where he had been living since he was evicted from his apartment in …
Hundreds of individuals were assessed fines by the Montgomery Municipal Court for misdemeanors, primarily traffic tickets like driving with a suspended license and other low-level crimes of poverty. When they …