Bearden v. Georgia Case Brief

Facts of the Case

Petitioner Danny Ray Bearden pleaded guilty in Georgia state court to burglary and theft by receiving stolen property. The trail court, pursuant to the Georgia First Offender’s Act, did not enter a judgment of guilt, but rather sentenced Bearden to probation on the condition that he pay a $ 500 fine and $ 250 in restitution, with $ 100 payable that day, $ 100 the next day, and the $ 550 balance within four months. Bearden borrowed money and paid the first $ 200, but about a month later he was laid off from his job, and, despite repeated efforts, was unable to find other work. Shortly before the $ 550 balance became due, he notified the probation office that his payment was going to be late. Thereafter, the State filed a petition to revoke Bearden’s probation because he had not paid the balance, and the trial court, after a hearing, revoked probation, entered a conviction, and sentenced Bearden to prison. The record of the hearing disclosed that Bearden had been unable to find employment and had no assets or income. The Court of Appeals of Georgia rejected Bearden’s claim that imprisoning him for inability to pay the fine and make restitution violated theof the Fourteenth Amendment. The Supreme Court of Georgia denied review. Bearden was granted a writ of certiorari.

Question

Did the Mississippi Supreme Court err in how it applied Batson v. Kentucky in this case?

CONCLUSION

0

Case Information

Citation: 461 US 660 (1983)
Argued: Jan 11, 1983
Decided: May 24, 1983
Case Brief: 1983