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Justices uphold probation revocation for child support non-payment

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A trial judge was correct in revoking a man’s probation based on his failure to pay weekly child support as a condition of his probation, the Indiana Supreme Court has ruled.

In Troy R. Smith v. State of Indiana, No. 35S02-1106-CR-369, the justices unanimously affirmed Huntington Superior Judge Jeffrey Heffelfinger’s decision involving a felony case of non-support.


Troy Smith pleaded guilty in May 2007 to Class D felony of non-support of a dependent child, regarding $4,671.13 that he hadn’t paid. Though Smith remained current on his payments through November 2008, he started making partial payments on his support and arrearage or stopped periodically. His probation officer field a revocation petition in March 2010.

Concluding that Smith had violated the terms of his probation by failing to pay current support every week, the trial court revoked Smith’s probation and ordered him to serve the remainder of his three-year sentence. The Court of Appeals last year reversed, finding the state didn’t meet its burden in proving that Smith had the ability to pay and that the probation shouldn’t have been fully revoked.

The justices pointed to their decision two years ago in Runyon v. State, 939 N.E.2d 613, 616 (Ind. 2010), which dealt with a similar issue and answered many of the questions that Smith has raised in his arguments. The court noted in Runyon that state law allows probation to be revoked for a probation condition violation, but if that violation involves a financial obligation, then the probationer must have “recklessly, knowingly, or intentionally” failed to pay.

The justices determined that the trial judge is the fact finder who’s best able to reasonably conclude whether Smith met that standard in failing to pay current or past child support as required. Since Smith failed to carry his burden in convincing the trial judge, the justices found that the trial court didn’t abuse its discretion in revoking Smith’s probation.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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