United States v. New York Merchandise Co.

How courts have described this case

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

• concluding that, although there was evidence that the defendant had worked in the past, the evidence in the record was too speculative that he would be able to pay the attorney fees
• describing process for reviewing trial court’s determination that a defendant “is or may be able to pay” fees
• trial court plainly erred in imposing $18,000 in court-appointed attorney fees and an $18,000 indigent contribution in similar circumstances
• “Defendant’s case proceeded to a bench trial, where his defense was that he killed the victim as a result of an extreme emotional disturbance. See ORS 163.135 (providing for extreme emotional disturbance defense to murder).”
• “Under ORS 151.505 and ORS 161.665, a trial court may order a defendant to pay court-appointed attorney fees and other costs. However, in order for a court to do so, there must be evidence that the defendant ‘is or may be able to pay’ the fees and costs.”

Source: CourtListener parenthetical corpus (CC0).