Legal Opinion
Kays v. State
Indiana Court of Appeals
Decided April 21, 2011No. 42A05-1007-CR-504PublishedCited by 1 opinion
1Opinion of the Court
OPINION
MAY, Judge.
Rebecca Kays appeals an order that she pay restitution as part of her probation for Class B misdemeanor battery. She argues the trial court violated Ind.Code § 35-38-2-2.3(a)(5) by ordering her to pay restitution without inquiring into her ability to pay and by failing to establish the manner and time of payment. The trial court did not inquire adequately into Kays’ ability to pay. Neither was there any evidence Kays had income other than social security disability benefits, which may not be assigned by “legal process” pursuant to 42 U.S.C.A. § 407(a). Nor did the trial…
2Cases cited17 opinions
- Washington State Department of Social & Health Services v. Guardianship Estate of KeffelerSupreme Court of the United States · 2003
- United States v. Dale R. EggenCourt of Appeals for the Seventh Circuit · 1993
- Stanley v. WalkerIndiana Supreme Court · 2009
- Indiana University v. Indiana Bonding & Surety Co.Indiana Court of Appeals · 1981
- State v. EatonMontana Supreme Court · 2004
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3Cited by1 opinion
- Kays v. StateIndiana Supreme Court · 2012