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State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Texas | Peraza v. State, 467 S.W.3d 508, 517–18 (Tex. Crim. App. 2015), reh'g denied (Sept. 16, 2015),, cert. denied, 136 S. Ct. 1188, 194 L. Ed. 2d 202 (2016) | Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? | Court imposition of costs is not unconstitutional under federal or state constitutional law as long as the money collected will go toward a "criminal justice purpose" |
"[T]he statute under which court costs are assessed (or an interconnected statute) provides for an allocation of such court costs to be expended for legitimate criminal justice purposes, then the + See morestatute allows for a constitutional application that will not render the courts tax gatherers in violation of the separation of powers clause. A criminal justice purpose is one that relates to the administration of our criminal justice system. Whether a criminal justice purpose is “legitimate” is a question to be answered on a statute-by-statute/case-by-case basis."
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Fines and fees |
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Texas | Gross v. State, 279 S.W.3d 791, 793–94 (Tex. App. 2007) abrogated for other reasons by Harrell v. State, 286 S.W.3d 315 (Tex. 2009) | Are there limits to the state’s ability to recoup fees for counsel under the state constitution? | No, so long, as the defendant has the ability to off-set the State's expenses |
"nonindigent defendant is required to pay for counsel. To require an indigent to reimburse the county, to the extent he is able, for the expense of furnished counsel tends to + See moreput indigents and nonindigents on the same basis and is consistent with due process. The State of Texas provides an important service in providing legal services to those indigent citizens who cannot afford to pay for their own defense. Because of this service provided to indigents, the State has a significant interest in assuring that persons with financial resources pay for their own representation and do not take a free ride at the expense of its taxpayers. Thus, it is not an inherent violation of due process for the State to take reasonable steps to collect on expenditures made on behalf of those who have the ability to off-set the State's expenses."
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Fines and fees |