Hanna v. State

I disagree with the majority’s analysis in this felony nonsupport probation revocation matter resulting in a 5-4 decision. The case turns on one’s interpretation of the sufficiency of proof to shift the burden of going forward. See Reese v. State, 26 Ark.App. 42, 759 S.W.2d 576 (1988); Brown v. State, 10 Ark.App. 387, 664 S.W.2d 507 (1984).

In an even-handed manner the majority opinion lays out the statutory provisions for general revocation (inexcusable failure) and restitution-specific revocation (good-faith effort). The opinion then fairly and accurately identifies and applies those…