Missouri Court of Appeals, Western District / Feb 26, 2019
State of Missouri ex rel. Eric S. Schmitt vs. The Honorable Scott A. Hayes, Circuit Judge of Randolph County, and Michelle Chapman, Circuit Clerk, Randolph County Circuit Court
Vance A. Cole's probation was revoked after his earned compliance credits (ECC) should have led to its expiration. The habeas court granted Cole's petition, ordering his release from confinement, discharge from probation, and relief from sentence execution. The Attorney General sought a writ of certiorari, arguing Cole invited the error and that ECC challenges are not cognizable in habeas. The appellate court refused to quash the habeas court's record, holding that Cole did not invite the error and that the constitutional right to habeas corpus cannot be statutorily circumscribed, thus allowing review of the ECC issue.