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← 963 NE2D 1110 - Smith v. State

Smith v. State’s Empirical Analysis

2012

Citation profile

4
cited by 4 later decisions
1
states following
June 2015
most recently cited

4 state decisions

Relationships

Relies on Cox v. State · Prewitt v. State · Woods v. State · Young v. State · Smith v. State

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “if the [probation] condition violated involves a financial obligation, then the probationer must be shown to have recklessly, knowingly, or intentionally failed to pay. [Runyon, 939 N.E.2d at 616 ]. This Court determined “[a]s to the fact of violation, the statute expressly imposes the burden of proof upon the State. But with respect to the ability to pay, the burden of proof is not explicitly designated.” Id. Noting that revoking probation for violating a financial obligation requires proof of both the underlying violation and the defendant probationer’s state of mind, we held, “it is the State’s burden to prove both the violation and the requisite state of mind in order to obtain a probation revocation.” Id. With respect to the ability to pay, we held that 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.” Id. at 617 (citing Woods v. State, 892 N.E.2d 637, 641 (Ind.2008)).”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.