The Honorable William E. Hickle Missouri Cases

Gary D. Sampson, Jr. sought a writ of mandamus for immediate discharge from probation, arguing the circuit court lacked authority to place him on a third probationary term and conduct a violation hearing after his earned compliance credits (ECC) should have led to statutory discharge. The Missouri Supreme Court held that the circuit court erred in imposing a third term of probation. The Court issued a permanent writ of mandamus, ordering the circuit court to reinstate Sampson's second probationary term so that the Board of Probation and Parole could recalculate his ECC and determine the proper discharge date.