Does the Court of Appeal have found that the excessive fines clause in the Eighth Amendment is unconstitutional?
California, United States of America
The following excerpt is from People v. Aviles, 252 Cal.Rptr.3d 727, 39 Cal.App.5th 1055 (Cal. App. 2019):
People v. Dueas (2019) 30 Cal.App.5th 1157, 242 Cal.Rptr.3d 268 (Dueas ) was wrongly decided or that the excessive fines clause of the Eighth Amendment is the only constitutional basis for challenging fines if a criminal defendant can establish his or her inability to pay the amount imposed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a restitution fine for violating the Eighth Amendment excessive fines clause invalid? (California, United States of America)
What is the effect of an amended judgment in the Superior Court of Appeal against a defendant who has appealed against the amended judgment? (California, United States of America)
What is the effect of a notice of appeal against a fine imposed by the Court of Appeal against a defendant for failing to pay the fine? (California, United States of America)
Does a forfeiture under the excessive fines clause of the Eighth Amendment apply? (California, United States of America)
What is the test for a motion where the Court of Appeal found that a lower court found that there was insufficient evidence to support the Plaintiff's claim? (California, United States of America)
How have the courts dealt with a motion of appeal against a judgment that found that defendant failed to provide a supplemental brief to the Court on appeal? (California, United States of America)
What is the test for appeal against a $10,000 fine imposed by the Court of Appeal for failing to object to the imposition of the fine? (California, United States of America)
What is the role of the Court of Appeal on an appeal where the superior court has found that the appellant did not have due process or a statement of decision? (California, United States of America)
Can an appellate court amend an order of the Superior Court of Appeal in cases not before the court? (California, United States of America)
How have the courts dealt with a motion of appeal against a judgment that found that a defendant has failed to file a supplemental brief to the Court on appeal? (California, United States of America)
