State ex rel. Strauser, Relator v. Judge Martinez
Annotate this CaseIn two separate underlying criminal cases, Defendants each received a suspended imposition of sentence and were placed on probation. When Defendants violated the conditions of their probation, the trial court suspended probation and scheduled revocation hearings. The court, however, did not issue a ruling at the hearings but continued to conduct case reviews until after each Defendant’s probation term ended. Defendants each sought a writ of prohibition to prevent the trial court from holding probation revocation hearings after their probation terms ended. The cases were consolidated for opinion. The Supreme Court made its preliminary writs permanent, holding that, in each case, the trial court did not have the authority to hold revocation hearings after Defendants’ probation terms ended because it did not make every reasonable effort to hold the hearings during the probation terms pursuant to Mo. Rev. Stat. 559.036.8.
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