SC97198
State ex rel. April L. Coleman v. The Honorable Wendy L. Wexler Horn
Ste. Genevieve County
Whether earned compliance credits accrued, causing the circuit court to lose jurisdiction over a person on probation
Listen to the oral argument: SC97198 MP3 file
Coleman was represented during arguments by Kenneth Leiser of the public defender’s office in Farmington; the state was represented by Carl Kinsky, the Ste. Genevieve County prosecutor, from Ste. Genevieve.

April Coleman pleaded guilty to felony distribution of a controlled substance. The circuit court suspended imposition of sentence and placed her on probation for five years. Reports the state’s board of probation and parole filed with the circuit court indicated Coleman’s optimal discharge date was in May 2016. The board also filed notices of citations alleging, in part, Coleman had tested positive for marijuana and failed to report on time. In August 2016, the board filed a “field violation” report and sought to revoke Coleman’s probation. The circuit court suspended her probation, issued a warrant for her arrest and set a probation revocation hearing for the next month. In September 2016, the circuit court noted Coleman had not been served with the warrant and passed the case pending such service, ultimately rescheduling the revocation hearing for February 2018. Coleman moved to be discharged from probation, alleging she had accrued earned compliance credits, causing the circuit court to lose jurisdiction over her. The circuit court overruled her motion and rescheduled the probation revocation hearing for May 2018. Coleman seeks this Court’s permanent writ prohibiting the circuit court from taking any action other than to discharge her from probation.

This case presents one question for this Court – whether the circuit court lost jurisdiction over Coleman’s case as a result of earned compliance credits. Related issues include whether Coleman accrued earned compliance credits, whether any such accrual reduced her probationary term and whether the state formally must seek to revoke probation due to violations before the optimal discharge date.

SC97198_Coleman_brief
SC97198_State_brief
SC97198_Coleman_reply_brief
 
 
 
SC97171
State ex rel. Kevin Hillman v. The Honorable John D. Beger
Pulaski County
Whether earned compliance credits accrued, causing the circuit court to lose jurisdiction over a person on probation
Listen to the oral argument: SC97171 MP3 file
The state was represented by Hillman, the Pulaski County prosecutor, from Waynesville; Pallai was represented by Thomas Moser of the public defender’s office in Rolla.

Nettie Pallai pleaded guilty to first-degree property damage. The circuit court sentenced her to four years in prison, suspended execution of the sentence, placed her on probation for five years and, as a condition of probation, ordered her to pay approximately $5,100 in restitution in monthly installments of at least $50. The circuit court has a local rule providing no earned compliance credits shall be awarded until any restitution ordered is paid in full. A report the state board of probation and parole filed with the circuit court indicated Pallai’s optimal discharge date was in March 2017. Over the course of several years, the state filed multiple motions to revoke Pallai’s probation, in part for failure to make regular restitution payments. Two months later, Pallai moved to be discharged from probation, alleging she had accrued earned compliance credits, causing the circuit court to lose jurisdiction over her. Ultimately, following an evidentiary hearing, the circuit court entered its judgment discharging Pallai from probation. The state seeks this Court’s permanent writ prohibiting the circuit court from discharging Pallai.

This case presents two questions for this Court. One is whether the circuit court abused its discretion in releasing Pallai from probation. Related issues involve whether Pallai had completed restitution; whether the recent amendment to section 217.703, RSMo, is substantive or procedural and whether it should apply to this case; and whether this statute prohibits the circuit court from releasing Pallai. The second question is whether section 217.703 permits the circuit court to discharge Pallai from probation when restitution is not complete.

SC97171_State_brief
SC97171_Pallai_brief
SC97171_State_reply_brief
SC97171_State_supplemental_brief

  
 
SC97331
State ex rel. Erica J. Long v. The Honorable Fred Copeland
Pemiscot County
Whether earned compliance credits accrued, causing the circuit court to lose jurisdiction over a person on probation
Listen to the oral argument: SC97331 MP3 file
Long was represented during arguments by John Grobmyer of the public defender’s office in Portageville; the state was represented by Jason Lamb of the state office of prosecution services in Jefferson City.

Erica Long pleaded guilty to first-degree property damage. The circuit court suspended imposition of sentence, placed her on probation for three years, and ordered her to pay restitution and court costs. In May 2016, the state board of probation and parole filed a report alleging Long had violated her probation by failing to pay all the restitution and costs she owed and noting, due to earned compliance credits she had accrued, Long was scheduled for discharge from probation in September 2016. Following a June 2016 probation violation hearing, the circuit court extended Long’s probation for an additional year. In December 2017, the state filed a second probation violation report, seeking to revoke Long’s probation for her further failure to pay restitution and costs. In March 2018, Long moved for discharge from probation, alleging she had accrued earned compliance credits, causing the circuit court to lose jurisdiction over her. The state subsequently filed a third report alleging new violations. Following a hearing, the circuit court overruled Long’s motion for discharge. Long seeks this Court’s permanent writ prohibiting the circuit court from taking any action other than to discharge her from probation.

This case presents several questions for this Court. One involves whether Long accrued earned compliance credits under section 217.703, RSMo. Related issues include whether any such accrual reduced her probationary term, and, if so, whether the circuit court had authority to hold a probation revocation hearing or abused its discretion in overruling her motion for discharge. An additional question is whether the circuit court can consider any request to discharge Long from probation under section 559.105, RSMo, before she finishes paying restitution.

SC97331_Long_brief
SC97331_State_brief

SC97331_Long_reply_brief

 
 
SC97070
State of Missouri v. Robert E. Stewart
St. Francois County
Sufficiency of evidence to support convictions for domestic assault, burglary and armed criminal action
Listen to the oral argument: SC97070 MP3 file
Stewart was represented during arguments by Samuel Buffaloe of the public defender’s office in Columbia; the state was represented by Garrick Aplin of the attorney general’s office in Jefferson City.

The state charged Robert Stewart with unlawful use of a weapon, first-degree burglary, armed criminal action and third-degree domestic assault following an altercation at his ex-wife’s home, for which they had pooled their resources for a down payment during a period of reconciliation. At the time, he was staying in a camper outside the home. At trial, the ex-wife testified Stewart had a gun with him when he knocked on the door of her bedroom, he shot the ceiling and, when she told him to get out of the house, he said he would “get” her and a male friend who was present in the home. After the ex-wife shut the door behind Stewart, she heard another gunshot and saw a hole in the window, and heard Stewart leaving in his vehicle. She testified she did not believe Stewart was trying to hurt her, she was not afraid of him and she was not in apprehension of immediate physical injury. The jury found Stewart guilty as charged. The circuit court entered judgment accordingly, sentencing him to a total of 15 years in prison. Stewart appeals.

This appeal presents two questions for this Court. One is whether there was sufficient evidence to support Stewart’s domestic assault conviction. A related issue is whether the evidence was sufficient to prove, beyond a reasonable doubt, Stewart placed his ex-wife in apprehension of immediate physical injury. The other question is whether there was sufficient evidence to support Stewart’s related convictions for burglary and armed criminal action. Related issues include whether Stewart had a license or privilege to be in the home and whether he unlawfully remained in the home after his ex-wife asked him to leave.

SC97070_Stewart_brief
SC97070_State_brief
SC97070_Stewart_reply_brief