Legal Opinion
In RE ATTORNEY FEES IN STATE v. Helsper
Court of Appeals of Wisconsin
Decided October 17, 2006No. 2006AP835-CRPublishedCited by 2 opinions
1Opinion of the CourtPeterson, J.
¶ 1. Kevin Helsper appeals an order denying his motion to vacate an order committing him to the Eau Claire County Jail for failure to pay attorney fees due under his judgment of conviction. He argues his commitment is unconstitutional because he was never granted an opportunity to prove that his failure to pay was due to his indigency. We hold that Wis. Stat. § 973.07 1 does not allow commitment absent a finding that the defendant was able to pay an attorney fee obligation. Because no finding was made here, we reverse the order and remand with directions to vacate the commitment order.
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2Cases cited9 opinions
- Bearden v. GeorgiaSupreme Court of the United States · 1983
- Fuller v. OregonSupreme Court of the United States · 1974
- James v. StrangeSupreme Court of the United States · 1972
- State v. BlalockCourt of Appeals of Wisconsin · 1989
- Dowhower v. West Bend Mutual InsuranceWisconsin Supreme Court · 2000
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3Cited by2 opinions
- State v. DudleySupreme Court of Iowa · 2009
- State Of Iowa Vs. Larry Gene Dudley, Sr.Supreme Court of Iowa · 2009