Missouri Court of Appeals, Southern District / Date unavailable
STATE OF MISSOURI, EX REL. SAI-JAHN CARTER, Relator v. THE HONORABLE ROBERT MAYER, Respondent
Sai-Jahn Carter sought a writ of mandamus to compel the circuit court to release him on probation after completing a 120-day program under section 559.115.3. The circuit court initially ordered probation but then, upon receiving a supplemental report of new conduct violations on the day of release, ordered the execution of Carter's sentences without a hearing. The appellate court issued a permanent writ of mandamus, holding that the circuit court erred as a matter of law by failing to conduct a hearing before denying probation, as required by statute when the Department of Corrections determines successful program completion.