State of Missouri, ex rel., Andrew Bailey, Relator Missouri Cases

Relator Andrew Bailey, Missouri Attorney General, sought a writ of prohibition against circuit judges C. Wade Pierce and Kacey L. Proctor, challenging the circuit court's authority to grant a second change of judge in a criminal case. The defendant and prosecutor had previously stipulated to a change of venue and judge. The Supreme Court issued a permanent writ of prohibition, holding that the circuit court lacked authority to grant the second change of judge under Rule 32.02, as the defendant did not allege any applicable exceptions. The Court ordered the circuit court to set aside its order and keep the case assigned to Judge Proctor.

Relator, the Missouri Attorney General, filed a petition for a writ of prohibition or mandamus, contending that the circuit court exceeded its authority by granting a defendant's second motion for change of judge in an underlying felony case. The Court of Appeals issued a preliminary writ and, after considering the parties' concessions, determined that the defendant was not entitled to a second change of judge. However, the court concluded it lacked the authority to designate a different judge or supersede the Supreme Court's transfer order, and therefore made the preliminary writ permanent as modified and transferred the case to the Supreme Court.

Antonio Tyler's probation was revoked after his initial probationary period expired, leading him to file a petition for a writ of habeas corpus. The habeas court granted the writ, finding the probation court lacked authority to revoke probation because it failed to manifest intent or make reasonable efforts to conduct a hearing before the period expired. The appellate court reversed the habeas court's decision, holding that the probation court did affirmatively manifest its intent and made reasonable efforts, and that the delay was attributable to Tyler's actions. The appellate court quashed the record of the habeas court.

The Attorney General filed a petition for a writ of prohibition to prevent the trial court from terminating probationer Katrina Kraus's probation based on earned compliance credits (ECCs). Kraus, convicted of statutory rape and sodomy, was found eligible for ECCs by the trial court, which attempted to reconcile conflicting subsections of Section 217.703 RSMo. The appellate court made the preliminary order of prohibition permanent, holding that Section 217.703.1(2) categorically makes offenders convicted of these crimes ineligible for ECCs, and the trial court exceeded its authority by ruling otherwise.