Smith v. State

The trial court revoked the probation of Troy Smith for failure to pay weekly child support as a condition of his probation. On appeal, Smith argued that the State failed to carry its burden of proof that his failure to pay was reckless, knowing, or intentional. The Supreme Court affirmed the judgment of the trial court, holding (1) it is the defendant probationer's 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 further imprisonment should not be ordered; and (2) here, Smith failed to carry his burden, and therefore, the trial court did not abuse its discretion in revoking Smith's probation. View "Smith v. State" on Justia Law