Below are the cases that meet your search criteria.

7 Results

Export results to Excel

State Citation Question Brief answer Language from the opinion When does the case apply?
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Hawaii State v. Gaylord, 78 Haw. 127, 155, 890 P.2d 1167, 1195 (1995) holding modified by State v. Hussein, 122 Haw. 495, 229 P.3d 313 (2010)
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof,
+ See more
the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
Must determine make finding that defendant can afford to pay and prescribe manner of payment
In addition, we hold that the sentencing court's restitution order failed to comply with Haw. Rev. Stat. § 706–605(1)(d) and was illegally imposed. In disregard of Johnson, 68 Haw. at
+ See more
297–98, 711 P.2d at 1299, the sentencing court failed to make any finding that $122,248.95 was an amount that Gaylord could afford to pay in restitution (indeed, as noted, the sentencing court viewed Gaylord's “sources of restitution” as “highly unlikely and highly speculative and unreliable”) and to prescribe the manner of payment. To compound the error, in its December 13, 1991 judgment of conviction, the sentencing court expressly and improperly delegated the judicial function of determining the manner of payment to an administrative body—the Hawai‘i Paroling Authority. Johnson, 68 Haw. at 297, 711 P.2d at 1299; Murray, 63 Haw. at 25, 621 P.2d at 343.
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Hawaii Hawaii Insurers Council v. Lingle, 120 Haw. 51, 59, 201 P.3d 564, 572 (2008) Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? Legislature allowed to delegate collection power to judiciary
The legislature may delegate the state's police power to state authorities to allow them to assess fees. Medeiros, 89 Hawai‘i at 366, 973 P.2d at 741. Generally, a fee is
+ See more
exchanged for a service rendered or a benefit conferred, and the amount of the fee normally bears a relationship to the value of the service or benefit. Bolt v. City of Lansing, 459 Mich. 152, 587 N.W.2d 264, 269 (1998).
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Hawaii State v. Medeiros, 89 Haw. 361, 367 (1999) Other applicable caselaw
Accordingly, we hereby adopt a modified Emerson College test for determining whether a charge is a fee or a tax, in which we analyze whether the charge (1) applies to
+ See more
the direct beneficiary of a particular service, (2) is allocated directly to defraying the costs of providing the service, and (3) is reasonably proportionate to the benefit received.
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Kansas State v. McGlothin, 747 P.2d 1335, 1338 (Kan. 1988).
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof,
+ See more
the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
The trial judge is statutorily required to make specific findings before imposing a fine and also must state on the record that she has taken into account the defendant's financial
+ See more
resources and the nature of the burden that payment of the fine would impose.
"The statute requires and we hold that where the defendant is convicted of a felony or a misdemeanor and is sentenced to imprisonment either in the county jail or in
+ See more
the custody of the secretary of corrections and a fine is to be imposed, the judge must make specific findings pursuant to 21–4607(2) before imposing a fine. The judge must also state on the record that he or she has taken into account the financial resources of the defendant and the nature of the burden that payment of the fine will impose, as required by 21–4607(3)."
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Kansas State v. Robinson, 132 P.3d 934, 940 (Kan. 2006). Are there limits to the state’s ability to recoup fees for counsel under the state constitution?
The sentencing court must consider the financial resources of the defendant and the nature of the burden that payment will impose explicitly, stating on the record how those factors have
+ See more
been weighed in the court's decision.
"First, the sentencing court, at the time of initial assessment, must consider the financial resources of the defendant and the nature of the burden that payment will impose explicitly, stating
+ See more
on the record how those factors have been weighed in the court's decision. Without an adequate record on these points, meaningful appellate review of whether the court abused its discretion **941 in setting the amount and method of payment of the fees would be impossible. See State v. Moncla, 269 Kan. 61, 65, 4 P.3d 618 (2000) (noting difficulty of reviewing case in which district court failed to state findings, conclusions). Second, a sentencing court's failure to include such explicit consideration of the defendant's financial circumstances in the record does not render the sentence associated with the resulting assessment *547 “illegal,” as that term is used in Kan. Stat. Ann. § 22–3504. As we have already said, the assessment itself is not punitive; it is not a punishment or part of the sentence at all. Its connection to a sentence does not convert that sentence to one fitting the narrow definition of “illegal,” i.e., a sentence imposed by a court without jurisdiction; a sentence that does not conform to the statutory provision, either in the character or the term of the punishment authorized; or a sentence that is ambiguous with respect to the time and means in which it is to be served. See State v. Gayden, 281 Kan. 290, Syl. ¶ 1, 130 P.3d 108 (2006).
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Kansas State v. Goeller, 77 P.3d 1272, 1276 (Kan. 2003). The defendant had the burden to present evidence of his or her inability to pay restitution.
The plain language of Kan. Stat. Ann. §2002 Supp. 21-4603d(b)(1) requires restitution “unless” the court finds a plan of restitution unworkable. Moreover, “[i]f the court finds a plan of restitution unworkable, the
+ See more
court shall state on the record in detail the reasons therefor.” The design of this provision makes clear that restitution is the rule and a finding that restitution is unworkable the exception. It also leads us to conclude that it is a defendant's burden to come forward with evidence of his or her inability to pay.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Kansas State v. Tafoya, 372 P.3d 1247, 1252 (Kan. 2016).
A sentence is not rendered illegal simply because the district court judge fails to consider the financial resources of the defendant when determining either the discretionary amount of a fine
+ See more
or the discretionary method of payment.
"[W]e conclude that a sentence is not rendered **1252 illegal simply because the district court judge fails to consider (or fails to state on the record that he or she
+ See more
has considered) the financial resources of the defendant when determining either the discretionary amount of a fine or the discretionary method of payment. Moreover, a remand from an appellate court to a district court pursuant to these authorities to correct this error is, in substance, not a remand for resentencing. As such, the Tafoya I panel was substantively correct when it limited its mandate to vacating the fine and instructing the district court to reconsider “the method of payment of the fine.”
Ability to pay