Legal Opinion

Jordan v. State

Supreme Court of Arkansas

Decided January 27, 1997No. CR 96-871PublishedCited by 14 opinions

1Opinion of the Court

Ray Thornton, Justice.

The primary issue in this case is whether the trial court’s order revoking probation and sentencing appellant to serve thirty-five years in prison meets the test of fundamental fairness required under the Due Process Clause when there have been no findings of fact upon which to base a judicial determination that the failure to pay court-ordered restitution was a willful refusal to comply with the court order, and not the result of appellant’s inability to pay. We have concluded that the due process requirement of fundamental fairness has not been met, and the case is…

2Cases cited5 opinions

  1. Bearden v. GeorgiaSupreme Court of the United States · 1983
  2. Williams v. IllinoisSupreme Court of the United States · 1970
  3. Tate v. ShortSupreme Court of the United States · 1971
  4. Hoffman v. StateSupreme Court of Arkansas · 1986
  5. Martin v. StateSupreme Court of Arkansas · 1994

3Cited by14 opinions

  1. Hanna v. StateCourt of Appeals of Arkansas · 2009
  2. Rudd v. StateCourt of Appeals of Arkansas · 2001
  3. Gossett v. StateCourt of Appeals of Arkansas · 2004
  4. B.C. v. StateSupreme Court of Arkansas · 2001
  5. Owens v. StateCourt of Appeals of Arkansas · 2009

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