Legal Opinion
State v. Monson
Supreme Court of Louisiana
Decided March 28, 1991No. 90-KH-2745PublishedCited by 40 opinions
1Opinion of the Court
576 So.2d 517 (1991)
STATE of Louisiana
v.
James MONSON.
No. 90-KH-2745.
Supreme Court of Louisiana.
March 28, 1991.
Granted for the purpose of transferring the petition to the district court for a determination of indigency. 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 of "restitution." An indigent person may not be incarcerated because he is unable to pay a fine which is part of his sentence. Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983).…
2Cases cited2 opinions
- Bearden v. GeorgiaSupreme Court of the United States · 1983
- State v. ConleySupreme Court of Louisiana · 1990
3Cited by40 opinions
- State v. HughesLouisiana Court of Appeal · 1991
- State v. KerriganLouisiana Court of Appeal · 1996
- State v. BakerLouisiana Court of Appeal · 2014
- State v. WashingtonLouisiana Court of Appeal · 1992
- State v. NelsonLouisiana Court of Appeal · 2009
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