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Justices split on imprisonment for violating probation

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The state must prove a probationer accused of violating a term involving a payment by not paying did it recklessly, knowingly or intentionally. The burden is on the probationer to show an inability to pay, the Indiana Supreme Court decided in an opinion handed down Wednesday afternoon.

Dannie Ray Runyon appealed the trial court’s revocation of his probation and reinstatement of the six of the eight years he was sentenced to for Class C felony nonsupport of a dependent child and owing more than $15,000 in child support arrearages. The Indiana Court of Appeals affirmed.

In Dannie Ray Runyon v. State of Indiana, No. 57S04-1006-CR-317, the justices held that it’s up to the state to prove that a probationer violated a term of probation and that if the term involved a payment requirement, that the failure to pay was reckless, knowing, or intentional. Based on Woods v. State, 892 N.E.2d 637 (Ind. 2008), they ruled that a defendant probationer has the burden to show facts related to an inability to pay and indicating sufficient bona fide efforts to pay so as to persuade the trial court that he or she shouldn’t be imprisoned.

Runyon’s probation revocation hearing happened in two segments. At the first one, Runyon admitted he violated his probation conditions by not making required payments. His attorney asked for a continuance because Runyon had pending employment. At the second segment two weeks later, Runyon claimed to have a job but couldn’t show a written job offer. Runyon claimed he had a hard time finding work after he was laid off from his manufacturing job in the RV industry. The trial court asked Runyon about his failure to make payments when he was employed before being laid off and asked about other resource possibilities.

The trial judge ordered he serve six years of his sentence, which the majority declined to find was an abuse of discretion. The majority also found that Runyon’s admittance that he violated his probation conditions and didn’t make payments was sufficient to establish by a preponderance of the evidence that Runyon violated his probation and he knowingly failed to pay, wrote Justice Brent Dickson. They also concluded that Runyon didn’t meet his burden of proof to show inability to pay.

But Justice Frank Sullivan dissented on these issues. He didn’t agree the state met its burden of proving Runyon’s not paying was reckless, knowing or intentional just because he admitted he had violated probation and didn’t make the required payments. Justice Sullivan also thought Runyon sufficiently established his inability to pay by explaining his job loss, inability to get a new job, and that the low wages he made when he was working all prevented him from making payments.

Justice Sullivan agreed Runyon was out of compliance with the terms of his probation, but didn’t believe it was lawful to incarcerate him based on these facts.

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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