The Supreme Court of Missouri ruled 4-3 last week in favor of April L. Coleman that the 24th District Circuit Court had no authority over Coleman in an attempt to revoke her probation after she had completed the five-year probationary period in 30 months with earned compliance credits.
The case was from Ste. Genevieve County, one of four counties in the circuit, and Judge Wendy L. Wexler Horn presided.
The Supreme Court’s decision centered on the Division of Probation and Parole’s issuance of “notices of citation” during the period of Coleman’s probation instead of filing an “initial violation report.”
The Supreme Court ruled that under Missouri law, a probationer is in compliance with the conditions of supervision in absence of an “initial violation report” or “violation reports” or a motion to revoke or suspend probation.
The case was argued before the Supreme Court and submitted on October 9, 2018. The court’s opinion was issued on March 5.
Public defender Kenneth Leiser represented Coleman; Carl Kinsky, who was then still serving as the county’s prosecuting attorney, represented the state.
See complete story in the March 13 edition of the Herald.