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MORGAN v. WOFFORD

No. 72-1210.

472 F.2d 822 (1973)

Robert John MORGAN, for himself and for all others similarly situated, Plaintiff-Appellant, v. Charles A. WOFFORD, as Judge of the Superior Court of Fulton County et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 29, 1973.

Attorney(s) appearing for the Case

Emily Carssow, Morris Brown, Charles Morgan, Jr., Norman Siegel, Atlanta, Ga., for plaintiff-appellant.

Charles A. Wofford, Atlanta, Ga., Robert J. Castellani, Arthur K. Bolton, Atty. Gen., H. Andrew Owen, Jr., Atlanta, Ga., for defendants-appellees.

Before TUTTLE, BELL and AINSWORTH, Circuit Judges.

TUTTLE, Circuit Judge:

This action attacks the constitutionality of a Georgia statute making monetary restitution to the victim by the convicted perpetrator of a crime a condition of probation.1 The challenges made are: (1) that the statute as applied by defendants violated the due process clause of the Fourteenth Amendment because no court hearing was held to determine the amount of restitution to be demanded of the probationer, and ...

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