State ex rel. Sampson v. Honorable William E. Hickle

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The Supreme Court issued a permanent writ of mandamus ordering the circuit court to reinstate Gary Sampson's previous probationary term, holding that the circuit court erred in placing Sampson on a third term of probation. In his writ of mandamus seeking his immediate discharge from probation Sampson argued that the circuit court lost authority by placing him on a third term of probation and therefore erred by overruling his motion to be discharged from probation and setting the matter for a probation violation hearing. The Supreme Court agreed that the circuit court erred by placing Sampson on a third term of probation but, because it was unclear whether the circuit court had authority to conduct a probation violation hearing or whether Sampson's probation expired statutorily, the circuit court was required to enter an order continuing Sampson's valid second term of probation. View "State ex rel. Sampson v. Honorable William E. Hickle" on Justia Law