State ex rel. Coleman v. Honorable Horn

by
The Supreme Court made permanent its preliminary writ of prohibition preventing the circuit court from taking any action in this case other than discharging Relator from probation, holding that the circuit court lacked authority over Relator and could not hold a hearing to revoke her probation.During Relator’s term of probation, the division of probation and parole issued notices of citation, but none of those notices resulted in the issuance of probation violation warrants or the suspension of Relator’s probation. After a field violation report was filed, however, the circuit court suspended Relator’s probation. After a probation violation hearing was scheduled, Relator sought a petition for a writ of prohibition. The Supreme Court issued a preliminary writ, which it made permanent, holding (1) the notices of citation were not “initial violation reports” or “violation reports” pursuant to Mo. Rev. Stat. 217.703, and therefore, the division’s issuances of notices of citation did not stop the accrual of earned compliance credits because Relator was not out of compliance with the terms of her probation; and (2) after the optimal discharge date passed, the circuit court did not have the authority to hold a probation revocation hearing and, rather, should have discharged Relator from probation. View "State ex rel. Coleman v. Honorable Horn" on Justia Law