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State v. Conley

Supreme Court of Louisiana
Nov 30, 1990
570 So. 2d 1161 (La. 1990)

Summary

In State v. Conley, 570 So.2d 1161 (La. 1990), the defendant sought supervisory writs because he was making payments under threat of incarceration.

Summary of this case from State v. McNeese

Opinion

No. 90-KH-0891.

November 30, 1990.


Granted in part. On September 20, 1990, the district court determined after a hearing that relator was then indigent and ordered the originally imposed fine to be paid within one year. Relator asserts that he is now paying monthly installments under the continued threat of incarceration. In this respect the district court is ordered to delete the provision in relator's sentence for incarceration in the event of default in payment of the fine. An indigent person may not be incarcerated because he is unable to pay the fine which is part of his sentence. Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983). The application is otherwise denied.

La. Code Crim.Proc. art. 886 permits the state to enforce collection of the fine in the same manner as a money judgment in a civil case.


Summaries of

State v. Conley

Supreme Court of Louisiana
Nov 30, 1990
570 So. 2d 1161 (La. 1990)

In State v. Conley, 570 So.2d 1161 (La. 1990), the defendant sought supervisory writs because he was making payments under threat of incarceration.

Summary of this case from State v. McNeese

In Conley, the Louisiana Supreme Court concluded that the provision in the sentence for incarceration upon default of payment of fine was improper because an indigent person may not be incarcerated because of inability to pay.

Summary of this case from State v. Johnson
Case details for

State v. Conley

Case Details

Full title:STATE OF LOUISIANA v. JESSE THOMAS CONLEY

Court:Supreme Court of Louisiana

Date published: Nov 30, 1990

Citations

570 So. 2d 1161 (La. 1990)

Citing Cases

State v. Anderson

Although the article provides no exceptions to the general rule, it is well settled law that an indigent…

State v. Zabaleta

However, we note that La.C.Cr.P. art. 886 permits the state to enforce collection of a fine in the same…