State ex rel. Sampson v. Honorable William E. HickleAnnotate this Case
The Supreme Court issued a permanent writ of mandamus ordering the circuit court to reinstate Gary Sampson's previous probationary term, holding that the circuit court erred in placing Sampson on a third term of probation.
In his writ of mandamus seeking his immediate discharge from probation Sampson argued that the circuit court lost authority by placing him on a third term of probation and therefore erred by overruling his motion to be discharged from probation and setting the matter for a probation violation hearing. The Supreme Court agreed that the circuit court erred by placing Sampson on a third term of probation but, because it was unclear whether the circuit court had authority to conduct a probation violation hearing or whether Sampson's probation expired statutorily, the circuit court was required to enter an order continuing Sampson's valid second term of probation.