Ohio Supreme Court to hear case on Montgomery County court costs

ajc.com

The Ohio Supreme Court will hear the case of a man who challenged a Montgomery County judge’s decision to not waive his court costs.

In 2013, Darren Taylor, 55,  was  found guilty and sentenced to 36 years to life in prison in an armed robbery that resulted in the shooting death of a Dayton pawn shop owner, according to Montgomery County Common Pleas Court records.

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He was also ordered to pay approximately $6,600 in restitution, a $192 extradition fee and court costs, according to the Ohio Supreme Court’s Office of Public Information.

Three years later, Taylor asked that his court costs be waived because he would be at least in his mid 80s when released from prison. He also argued that he didn’t have any assets and made $19 a month in prison from work-related wages, which is under the $25 a month required for his wages to be garnished.

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Taylor’s debt from court costs also was growing due to interested on the unpaid balance.

Montgomery County Common Pleas court rejected his request, stating Taylor made “choices which led to the accrual of fees at issue, and he must take responsibility for his conduct, as well as the resulting consequences,” according to the Ohio Supreme Court.

Taylor appealed the decision to the Second District Court of Appeals, which found the Montgomery County court didn’t analyze his current and future ability to pay.

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The Montgomery County Prosecutor’s Office appealed the district court’s decision to the Ohio Supreme Court, saying that the law doesn’t require a trial court to assess a person’s present and future abilities to pay court costs.

The Ohio Supreme Court will hear the case on Jan. 7.

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