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State v. Farrell

Citations

  • 676 P.2d 168
  • 207 Mont. 483
  • 1984 Mont. LEXIS 789

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • determining that despite state’s penological interests, there was a possible due process violation in subjecting a defendant to the maximum sentence because the defendant could not pay restitution
  • to impose longer suspended sentence because of defendant's indigency in order to extend time to pay restitution would violate due process and fundamental fairness
  • to impose longer suspended sentence because of defendant’s indigency in order to extend time to pay restitution would violate due process and fundamental fairness
  • court must “make meaningful inquiry” and “fully consider[]” defendant’s “financial resources and the burden that recoupment [of statutory costs] would impose”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gulbrandson, Sheehy, Haswell, Harrison, Weber, Sullivan, Morrison, Shea

Read full opinion on CourtListener

Cited by

22 cases in this archive cite this case; the 20 most cited are listed.

Cites

19 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.