State ex rel. Juergens v. Cundiff

ORIGINAL PROCEEDING IN PROHIBITION

COVINGTON, Judge.

The issue in this case is whether a court may proceed to revoke probation where the probationer lacks capacity to proceed. Relator, Randy Juergens, was on probation when he was charged with involuntary manslaughter. Respondent ordered Juergens’ probation suspended and set the matter for a revocation hearing. Juergens was diagnosed as suffering from chronic amnestic disorder. Two psychiatrists concluded that he lacked capacity to stand trial in the involuntary manslaughter matter. Juergens asked for a stay of the probation revocation…