THE HONORABLE MEGAN SEAY, Circuit Judge Missouri Cases

Michael Shawn Hunt filed a petition for a writ of mandamus after the circuit court denied his release on probation despite his successful completion of a shock incarceration program. The circuit court based its denial on pre-sentencing evidence, including the severity of the crime and a prior probation revocation. The Court of Appeals issued a permanent writ of mandamus, finding no evidence in the record to support the circuit court's determination that probation was inappropriate, as pre-sentencing evidence alone is insufficient. The court directed the circuit court to vacate its order and grant Hunt's release on probation.