Legal Opinion
Carleton Frazier v. Captain R. F. Jordan, Superintendent of the City of Atlanta Prison Farm
Court of Appeals for the Fifth Circuit
Decided April 3, 1972No. 71-2061PublishedCited by 31 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
In this habeas proceeding Frazier and other petitioners raise a single question: May a municipal court constitutionally impose a sentence requiring an indigent defendant to pay a fine forthwith or serve a specified number of days in jail? The district court granted the writ on the ground that the sentence discriminates against defendants unable to pay their fines because of their indigency. The state appeals. We affirm.
*727The petitioners-appellees were arrested for violations of the Atlanta Noise Ordinance1 and the Atlanta Fire Ordinance.2 They pleaded not guilty, but after…
2Cases cited5 opinions
- Shapiro v. ThompsonSupreme Court of the United States · 1969
- Williams v. IllinoisSupreme Court of the United States · 1970
- Tate v. ShortSupreme Court of the United States · 1971
- In Re AntazoCalifornia Supreme Court · 1970
- Phillip Morris v. Hiram Schoonfield, WardenSupreme Court of the United States · 1970
3Cited by31 opinions
- Bearden v. GeorgiaSupreme Court of the United States · 1983
- United States v. Edwin PaganCourt of Appeals for the Second Circuit · 1986
- Payne v. StateMississippi Supreme Court · 1984
- Maurice Walker v. City of Calhoun, GACourt of Appeals for the Eleventh Circuit · 2018
- Mary Layton and Stanley Gregory Walker, Etc. v. Dale Carson, as Sheriff of Duval County, Fla.Court of Appeals for the Fifth Circuit · 1973
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