Tate v. Short

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.

Norman Dorsen argued the cause for petitioner. With him on the briefs were Peter Sanchez-Navarro, Jr., and Stanley A. Bass.

Joseph G. Rollins argued the cause for respondent. With him on the brief were Crawford C. Martin, Attorney General of Texas, Nola White, First Assistant Attorney General, Alfred Walker, Executive Assistant Attorney General, and Robert C. Flowers and Gilbert J. Pena, Assistant Attorneys General.

Allan Ashman filed a brief for the National Legal Aid and Defender Association as amicus curiae urging reversal.