Tuesday, October 09, 2018

Ruling: Former Joplin lawyer to remain on probation and can't vote next month

In an order issued today, U. S. District Court Judge Douglas Harpool denied a request from former Joplin attorney and convicted felon Daniel Whitworth that he issue an order allowing him to vote next month or ending his probation period.

Whitworth had filed a motion earlier this month that noted he had voted in every federal election and most local elections since November 1976.

Because of defendant's belief of the importance of this election to our nation and state, defendant would request to be allowed to vote November 6 2018, in Joplin, Jasper County, Missouri.

Whitworth said he had talked with several attorneys who were not sure whether even a federal judge could order that someone be allowed to vote in a state election, so as an alternative, Whitworth suggested the judge solve the problem by ending his probation.

Neither argument worked with Harpool, who wrote that no allegation had been made that Missouri's voting qualifications violate any federal law.


Harpool said there was no reason to terminate Whitworth's probation.

"Every reason establishing a need for a three year term of supervised release, established by the Court at his sentencing hearing, still exists today. Defendant has put nothing before the Court indicating that his circumstances or the nature of his offense have changed."

In his motion, Whitworth said Harpool should rule in his favor because he had complied with all of the terms of his probation.

Harpool disagreed, noting that a violation report had been filed, even though there was no recommendation that Whitworth's probation be revoked.

Whitworth, 62, pleaded guilty in 2014 to embezzling $586,739.84 from clients.

He was sentenced to two years in prison, ordered to make restitution and to surrender his law license.

3 comments:

Anonymous said...

Is he a Democrat or a Republican? If I knew which way he was going to vote, I might be happy or mad. Now I don't know how I should feel!

Anonymous said...

@ 5:18 That's because you're a partisan buffoon. At least you admit it, it's the first step in getting help.

Anonymous said...

Whitworth, 62, pleaded guilty in 2014 to embezzling $586,739.84 from clients.

He was sentenced to two years in prison, ordered to make restitution and to surrender his law license.


So he's paid all the restitution and now he's ready to be a citizen again?

Maybe Randy needs to follow up on how much restitution this convict has paid. I wouldn't be surprised if he hasn't paid back very much. He obviously
has plenty of time to be filing his stuff with the courts in any case.