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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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