State v. LATALL

MICHAEL A. WOLFF, Judge.

Introduction

Robert Latall’s appeal of his misdemeanor nonsupport conviction raises the question of whether Latall “injected the issue” of good cause, within the meaning of the statute, thus requiring the state to prove beyond a reasonable doubt that he lacked good cause in failing to pay child support.

This is a criminal case. Unlike a civil action for child support, the criminal statute places a burden on the state to prove its case beyond a reasonable doubt. The question of whether Latall injected the good cause issue into the case is an issue of law. From this…