Opinion

State ex rel. Fleming v. Missouri Board of Probation & Parole

  • 515 S.W.3d 224
  • 2017 Mo. LEXIS 100
  • 2017 WL 1229925
Court
Supreme Court of Missouri
Filed
Apr 4, 2017
Status
Published
Author
Wilson
On the bench
Breckenridge, Draper, Fischer, Russell, Stith, Wilson
Cited by
14 cases

holding a willfulness analysis is required for a trial court to revoke probation based on a probationer's failure to repay court costs

How later courts described this case

  • holding a willfulness analysis is required for a trial court to revoke probation based on a probationer's failure to repay court costs
  • indicating the determination of indigent status for purposes of appointment of an attorney is a separate issue from the determination of a defendant’s ability to pay fines and/or costs
  • allowing 60 days from the date the mandate issues for the State or sentencing court to reinitiate revocation proceedings against the petitioner
  • “If the sentencing court subsequently seeks to revoke Mr. Fleming's probation for failing to pay his required court costs, it must conduct a hearing to determine whether Mr. Fleming had the ability to pay or whether he failed to make bona fide efforts to acquire the resources to pay his court costs.”

Written by the judges who cited it.

The opinion

Paul C. Wilson, Judge,

dissenting

I would quash the writ for the reasons stated on pages 6-7 of the dissenting opinion of Judge Fischer.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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