State ex rel. Griffith v. PrecytheAnnotate this Case
The Supreme Court exercised its discretion not to dismiss this appeal as moot and held that the circuit court erred in placing Trevor Griffith, who had already been discharged from parole, on a third term of probation.
Griffith filed a petition for a writ of habeas corpus seeking an immediate release from custody and to be discharged from probation. Specifically, Griffith argued that the circuit court exceeded its authority after revoking and terminating his second term of probation and executing his sentence. After this case was submitted, Griffith was released from his incarceration and discharged from parole. The Supreme Court held (1) the circuit court erred in placing Griffith on a third term of probation; (2) when a circuit court places a defendant on an erroneous third term of probation, the case should be remanded to determine the proper course of the defendant's sentence; and (3) because Griffith had been released and discharged, he should not be returned to custody to make this determination.