Tate v. Short, 401 U.S. 395 (1971)

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Author: U.S. Supreme Court

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Tate v. Short, 401 U.S. 395 (1971)

Tate v. Short


No. 324


Argued January 14, 1971
Decided March 2, 1971
401 U.S. 395

CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS

Syllabus

Petitioner, an indigent, was convicted of traffic offenses and fined a total of $425. Though Texas law provides only for fines for such offenses, it requires that persons unable to pay must be incarcerated for sufficient time to satisfy their fines, at the rate of $5 per day, which, in petitioner’s case, meant an 85-day term. The state courts denied his petition for habeas corpus.

Held: It is a denial of equal protection to limit punishment to payment of a fine for those who are able to pay it, but to convert the fine to imprisonment for those who are unable to pay it. Williams v. Illinois, 399 U.S. 235. Pp. 397-401.

445 S.W.2d 210, reversed and remanded.

BRENNAN, J., delivered the opinion of the Court, in which BURGER, C.J., and DOUGLAS, STEWART, WHITE, MARSHALL, and BLACKMUN, JJ., joined. BLACKMUN, J., filed a concurring statement, post, p. 401. BLACK, J., concurred in the result. HARLAN, J., filed a statement concurring in the judgment, post, p. 401.

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Chicago: U.S. Supreme Court, "Syllabus," Tate v. Short, 401 U.S. 395 (1971) in 401 U.S. 395 401 U.S. 396. Original Sources, accessed May 20, 2024, http://www.originalsources.com/Document.aspx?DocID=QTCBYLW1RGB62TM.

MLA: U.S. Supreme Court. "Syllabus." Tate v. Short, 401 U.S. 395 (1971), in 401 U.S. 395, page 401 U.S. 396. Original Sources. 20 May. 2024. http://www.originalsources.com/Document.aspx?DocID=QTCBYLW1RGB62TM.

Harvard: U.S. Supreme Court, 'Syllabus' in Tate v. Short, 401 U.S. 395 (1971). cited in 1971, 401 U.S. 395, pp.401 U.S. 396. Original Sources, retrieved 20 May 2024, from http://www.originalsources.com/Document.aspx?DocID=QTCBYLW1RGB62TM.