Massey v. Meadows, 321 S.E.2d 703 (Ga. 1984). · Go Syfert
Massey v. Meadows, 321 S.E.2d 703 (Ga. 1984). Cases Citing This Book View Copy Cite
68 citation events (19 in the last 25 years) across 4 distinct courts.
Strongest positive: Ziahonna Teagan v. The City of McDonough, Georgia (ca11, 2020-02-11)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Ziahonna Teagan v. The City of McDonough, Georgia
11th Cir. · 2020 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
a defendant's probation may not be revoked or withheld because of his failure to pay the fine without a showing of willfulness on his part or inadequacy of alternative punishments.
discussed Cited as authority (quoted) Gray v. State (2×) also: Cited "see"
Ga. Ct. App. · 2011 · signal: see · quote attribution · 1 verbatim quote · confidence high
a defendant's probation may not be revoked or withheld because of his failure to pay the fine without a showing of wilfulness on his part or inadequacy of alternative punishments
discussed Cited as authority (rule) Johnson v. State
Ga. Ct. App. · 2011 · confidence medium
Applying Bearden in Massey v. Meadows, 253 Ga. 389, 390 ( 321 SE2d 703 ) (1984), our Supreme Court held that the Bearden requirements also applied to cases where the payment of a fine is a condition precedent to probation and that a defendant’s probation could not be withheld for failure to pay a fine absent a showing of wilfulness on his part or that alternative punishments are inadequate. 4 Griffin v. State, 302 Ga. App. 807, 808 ( 692 SE2d 7 ) (2010). 5 Supra. 6 257 Ga. App. 190 ( 570 SE2d 634 ) (2002). 7 Supra. 8 Supra. 9 Id. at 190-191. 10 Id. at 191. 11 Id. at 191 (1). 12 Id. at 192 (1…
discussed Cited as authority (rule) Jackson v. State
Ga. Ct. App. · 2010 · confidence medium
Sahel v. State, 250 Ga. 640, 643 (5) ( 300 SE2d 663 ) (1983), overruled on other grounds, Massey v. Meadows, 253 Ga. 389, 390 ( 321 SE2d 703 ) (1984). 6 As to this issue, Jackson’s counsel elicited testimony that Jackson still had personal effects at the apartment, that his daughter and a niece thought he was still living there and that there were no signs of forced entry into the apartment. 7 As stated previously, Jackson sought to establish that Wall and Chisholm had gotten rid of the bat because it had his blood on it.
cited Cited as authority (rule) Terry v. Hamrick
Ga. · 2008 · confidence medium
See OCGA § 9-14-42 (a); Hunter v. Dean, 240 Ga. 214 ( 239 SE2d 791 ) (1977), overruled on other grounds, Massey v. Meadows, 253 Ga. 389, 390 ( 321 SE2d 703 ) (1984).
discussed Cited as authority (rule) Schoolfield v. State
Ga. Ct. App. · 2001 · confidence medium
Landers v. State, 194 Ga. App. 329 (1) ( 390 SE2d 302 ) (1990), citing Sabel v. State, 250 Ga. 640, 644 ( 300 SE2d 663 ) (1983), overruled on other grounds, Massey v. Meadows, 253 Ga. 389, 390 ( 321 SE2d 703 ) (1984).
discussed Cited as authority (rule) Owens v. State
Ga. Ct. App. · 2001 · confidence medium
Pope, P. J., and Mikell, J., concur. 1 Holcomb v. State, 130 Ga. App. 154, 155 (1) ( 202 SE2d 529 ) (1973). 2 Mantooth v. State, 197 Ga. App. 797, 800 (5) ( 399 SE2d 505 ) (1990). 3 Sabel v. State, 250 Ga. 640, 644 (5) ( 300 SE2d 663 ) (1983). 4 Massey v. Meadows, 253 Ga. 389, 390 ( 321 SE2d 703 ) (1984). 5 Watkins v. State, 241 Ga. App. 251, 253 ( 526 SE2d 155 ) (1999). 6 Johnson v. State, 256 Ga. 604, 605 ( 351 SE2d 623 ) (1987). 7 Ogles v. State, 238 Ga. 716 -717 ( 235 SE2d 384 ) (1977). 8 Woodard v. State, 234 Ga. 901, 902 (2) ( 218 SE2d 629 ) (1975). 9 King v. State, 261 Ga. 534, 535 ( 40…
discussed Cited as authority (rule) Martin v. State
Ga. Ct. App. · 1999 · confidence medium
Barnes and Ellington, JJ, concur. 1 Sims v. State, 268 Ga. 381, 382 (2) ( 489 SE2d 809 ) (1997). 2 Id.; Sabel v. State, 250 Ga. 640, 643 (5) ( 300 SE2d 663 ) (1983), overruled on other grounds, Massey v. Meadows, 253 Ga. 389, 390 ( 321 SE2d 703 ) (1984). 3 See Gibson v. State, 233 Ga. App. 838, 840-841 (3) ( 505 SE2d 63 ) (1998) (“[i]n light of the overwhelming nature and sheer volume of the evidence against Gibson, it is extremely doubtful that a single reference to Gibson’s desire to avoid going back to jail would have materially influenced the jury’s decision”). 4 Johnson v. State, …
cited Cited as authority (rule) Reid v. State
Ga. Ct. App. · 1992 · confidence medium
Massey v. Meadows, 253 Ga. 389, 390 ( 321 SE2d 703 ) (1984).
discussed Cited as authority (rule) Mobley v. State
Ga. Ct. App. · 1991 · confidence medium
In Sabel v. State, 250 Ga. 640, 644 (5) ( 300 SE2d 663 ) (1983), overruled on other grounds, Massey v. Meadows, 253 Ga. 389, 390 ( 321 SE2d 703 ) (1984), the Supreme Court held that no per se rule was set out in Boyd , and that the decision whether to grant a mistrial in such circumstances remained in the discretion of the trial court.
cited Cited as authority (rule) State v. McCollum
Wis. Ct. App. · 1990 · confidence medium
Sabel v. State, 300 S.E.2d 663 (Ga. 1983), overruled on other grounds, Massey v. Meadows, 321 S.E.2d 703, 704 (Ga. 1984).
discussed Cited as authority (rule) Ranalli v. State
Ga. Ct. App. · 1990 · confidence medium
Stating that Boyd did not establish a per se rule that such statements are inherently prejudicial and compel reversal, the Supreme Court has held that “the decision of whether such statements are so prejudicial as to warrant a mistrial [is left] to the discretion of the trial court. [Cits.]” Sabel v. State, 250 Ga. 640, 644 (5) ( 300 SE2d 663 ) (1983) (overruled in part on other grounds, Massey v. Meadows, 253 Ga. 389, 390 ( 321 SE2d 703 ) (1984)).
discussed Cited as authority (rule) Day v. State (2×)
Ga. Ct. App. · 1988 · confidence medium
Pursuant to the mandate of Bearden v. Georgia, supra, however, “where payment of a fine [or restitution] is made a condition precedent to probation, a defendant’s probation may not be revoked or withheld because of his failure to pay the fine [or restitution] without a showing of wilfullness on his part or inadequacy of alternative punishments.” Massey v. Meadows, 253 Ga. 389, 390 ( 321 SE2d 703 ) (1984).
discussed Cited "see" MacKey v. State (2×)
Ga. Ct. App. · 1998 · signal: see · confidence high
Pope, P. J., and Ruffin, J., concur. 1 Lamar v. State, 243 Ga. 401, 403 (3) ( 254 SE2d 353 ) (1979); see OCGA § 16-1-7 (a); Wofford v. State, 226 Ga. App. 487, 488 (1) ( 486 SE2d 697 ) (1997). 2 Hayes v. State, 262 Ga. 881, 882 (2) ( 426 SE2d 886 ) (1993); Stone v. State, 229 Ga. App. 367, 370 (2) ( 494 SE2d 48 ) (1997); Keanum v. State, 212 Ga. App. 662, 663 (1) ( 442 SE2d 790 ) (1994) (specific grounds for ineffective assistance not raised in pleadings or at hearing are waived). 3 Martin v. State, 228 Ga. App. 548, 549 ( 492 SE2d 307 ) (1997). 4 See id. at 550 ; McClain v. State, 226 Ga. Ap…
discussed Cited "see" Davis v. State (2×)
Ga. Ct. App. · 1989 · signal: see · confidence high
See generally Sabel v. State, 250 Ga. 640, 644 ( 300 SE2d 663 ) (1983), overruled on other grounds in Massey v. Meadows, 253 Ga. 389 ( 321 SE2d 703 ) (1984). 4.
examined Cited "see" Agan v. State (4×)
Ga. Ct. App. · 1989 · signal: see · confidence high
“In order to prevail in a selective prosecution defense, a defendant must meet the heavy burden of (1) making a prima facie showing that he has been singled out for prosecution although other similarly situated persons who have committed the same acts have not been prosecuted; and (2) demonstrate that the government’s selective prosecution was unconstitutional because actuated by impermissible motives such as racial or religious discrimination. [Cit.]” United States v. Silien, 825 F2d 320, 322 (11th Cir. 1987); see Sabel v. State, 250 Ga. 640, 643 (4) ( 300 SE2d 663 ) (1983), overruled i…
discussed Cited "see, e.g." Johnson v. State (2×)
Ga. Ct. App. · 1991 · signal: see also · confidence low
See also Massey v. Meadows, 253 Ga. 389 ( 321 SE2d 703 ) (1984); Gaither v. Inman, 253 Ga. 484 ( 322 SE2d 242 ) (1984); Day v. State, 188 Ga. App. 648 (10) ( 374 SE2d 87 ) (1988).
Retrieving the full opinion text from the archive…
Massey
v.
Meadows
41149.
Supreme Court of Georgia.
Sep 5, 1984.
321 S.E.2d 703
1984 Ga. LEXIS 877
Nicholson, DePascale, Harris & McArthur, Earnest DePascale, Jr., for appellant., Timothy W. Floyd, for appellee.
Clarke.
Cited by 34 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 92%
Citer courts: Court of Appeals of Georgia (1)
Clarke, Justice.

Meadows entered a guilty plea to a charge of driving under the influence. His sentence was entered on a document which bears the heading “Misdemeanor Sentence (Probation).” The body of the document recites that Meadows is sentenced to confinement for a term of twelve months and ordered to pay a fine of $600 “as a condition precedent to the granting of any probation herein ordered or allowed.” The document then goes on to provide that the confinement sentence may be served on probation if the defendant does not violate certain conditions.

Upon failure to pay the fine on the day of sentencing, Meadows was committed to jail without probation. The case comes to us as a result of the superior court having granted a writ of habeas corpus on the grounds that the state court did not make a determination that the failure to pay the fine was wilful. The habeas court found there was evidence of a good faith effort to pay. Under Bearden v. Georgia, — U. S. — (103 SC 2064, 76 LE2d 221) (1983), Meadows’ confinement was unconstitutional if his failure to pay was not wilful or if the court failed to find alternative forms of punishment inadequate. The habeas court sent the matter back to the state court for a full evidentiary hearing on the issue of how the fine would be paid, taking into consideration his ability to pay and alternative methods of punishment.

Appellant attempts to distinguish this case from Bearden, supra. Appellant’s first contention that the sentence was a sentence of confinement rather than a sentence of probation, is not persuasive in view of the fact that the trial court specifically denominated it a sentence of probation, and the body of the sentence orders that it be served on probation. Further, the appellant’s attempt to distinguish this case from Bearden on the ground that Meadows has not been found to be “indigent” is without merit.

It is true that Bearden dealt with revocation of probation because of failure to pay an installment of the fine upon which the probation was conditioned whereas here payment of the entire amount was a condition precedent to the probation. This, however, is a distinction[*390] without a difference. In both cases the court initially found confinement unnecessary and then confined defendant for failure to pay a fine which was a condition of his probation. In neither case was there a finding of either wilfulness or the inadequacy of alternative punishment. It is also true that in Bearden the defendant was denominated an indigent whereas here defendant was never found to be an indigent. However, again, there is no appreciable difference since the habeas court found Meadows had no assets but only his salary and that while he had made “considerable good faith efforts” to borrow or otherwise obtain money for the fine, he had accumulated no more than one week’s salary.

Decided September 5, 1984 Rehearing denied October 11, 1984. Nicholson, DePascale, Harris & McArthur, Earnest DePascale, Jr., for appellant. Timothy W. Floyd, for appellee.

We hold that where payment of a fine is made a condition precedent to probation, a defendant’s probation may not be revoked or withheld because of his failure to pay the fine without a showing of wilfulness on his part or inadequacy of alternative punishments. Sabel v. State, 250 Ga. 640 (300 SE2d 663) (1983) and Hunter v. Dean, 240 Ga. 214 (239 SE2d 791) (1977), to the extent that they are in conflict with this holding, are overruled.

Judgment affirmed.

All the Justices concur.