KIMBLE ET AL.

v.

SWACKHAMER, SECRETARY OF STATE OF NEVADA, ET AL.

Citator

Cited By

• Noel v. State, 127 So. 3d 769 (Fla. 4th DCA 2013)
  …nd reimburse [*783] defense costs, the court expressed its concern that indigency may have been the criterion for imposing the sentence. Id. at 176-77. The Fifth Circuit’s opinion in Barnett v. Hopper, 548 F. 2d 550 (5th Cir.1977), vacated as moot, 439 U.S. 1041, 99 S.Ct. 714, 58 L.Ed.2d 701 (1978), is also instructive,' even though it was a pre-Bearden case that was later vacated as moot. The defendant and a co-defendant, who were charged with armed robbery, entered into a plea agreement with the prosecuto…
• United States v. Jimenez, 600 F.2d 1172 (5th Cir. 1979)
  …S. 40, 94 S.Ct. 2116, 40 L.Ed.2d 642 (1974) (upholds state statute conditioning probation on repayment of court-appointed attorneys, specifically noting statute excepted indigents); Barnett v. Hopper, 548 F. 2d 550, 554 (CA5, 1977), vacated as moot, 439 U.S. 1041, 99 S.Ct. 714, 58 L.Ed.2d 701 (1978) (“To imprison an indigent when in the same circumstances an individual of financial means would remain free constitutes a denial of equal protection of the laws.”). Where there has been an impermissible conditio…
• United States v. Louie R. Grugette, 678 F.2d 600 (5th Cir. 1982)
  …repayment condition “does not provide that repayment will be excused if Jiminez is unable to pay.” 600 F. 2d at 1175. Jimenez was in this respect based upon this court’s holding in Barnett v. Hopper, 548 F. 2d 550 (5th Cir. 1977), vacated as moot, 439 U.S. 1041, 99 S.Ct. 714, 58 L.Ed.2d 701 (1978). Barnett held that a ten-year probated sentence conditioned on the payment of a $2,000 fine and court costs, was a denial of equal protection, when Barnett was in fact imprisoned because he could not find the fun…