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|State||Citation||Question||Brief answer||Language from the opinion||When does the case apply?|
|Georgia||Lawson v. City of Moultrie, 194 Ga. 699 (1942)||Does the states separation of powers doctrine limit the ability of courts to impose or collect revenue?||
No, Statute authorizing counties and municipal corporations to construct revenue producing undertakings, and in anticipation of the collection of revenue therefrom to issue certificates payable solely from such revenue, does+ See more
not violate constitutional provision limiting the powers of counties and municipalities in relation to contracting debts
|neither the act nor the ordinance violates the constitutional provision above referred to.||Revenue flow|
|Georgia||Messenger v. State, 72 S.E.2d 460 (1952)||Other applicable caselaw||The inhibition of the constitution against imprisonment for debt applies to any and all such imprisonment, irrespective of the period of its duration or the means whereby it is accomplished||the Constitution of Georgia forbids imprisonment for debt||Ability to pay|
|Georgia||State v. Higgins, 326 S.E.2d 728, (Ga. 1985)||Other applicable caselaw||invalidating an income tax law that authorized punishment solely for the nonpayment of income taxes||
[A] criminal provision drawn in terms of a wilful failure to pay tax would be an entirely different matter, as it would catch the intentional tax evader without at the+ See more
same time ensnaring the hapless pauper.
|Ability to pay|
|Georgia||Johnson v. State, 707 S.E.2d 373, 374||Other applicable caselaw||
Before revoking a defendant's probation based solely on the failure to pay fines, fees, or surchagres costs, the trial court is required to make a finding as to defendant's wilfulness,+ See more
and if it concluded that defendant was not at fault, the court is required to consider other punishment alternatives.
"Although we do not interfere with a revocation of probation unless the trial court has manifestly abused its discretion, we conclude here that such an abuse occurred. In the instant+ See more
case, the trial court made no express or written findings as to the reasons for Johnson's failure to pay or as to the inadequacy of alternative punishments. Rather, it inquired only as to Johnson's fitness to work before deciding to revoke Johnson's probation. Therefore, because the trial court made this determination without making the findings required by Bearden, it committed reversible error." Johnson v. State, 707 S.E.2d 373, 374(citing Bearden v. Georgia, 460 U.S. 660 (1983))
|Ability to pay|