Robert John Morgan, for Himself and for All Others Similarly Situated v. Charles A. Wofford, as Judge of the Superior Court of Fulton County

(specially concurring) :

The due process question discussed in Judge Tuttle’s opinion was not adjudicated by the district court. Appellant contended in the district court that he had disputed the amount ordered paid as restitution but the focus was on the equal protection question — that he could not make the weekly restitution payments and would be incarcerated as the result thereof. The due process question was presented in an amended complaint.

The state answered the due process question with proof that the amount of restitution was set by the probation department after investigation but…