ILNews

Justices split on imprisonment for violating probation

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

ADVERTISEMENT