Legal Opinion

State Ex Rel. Boyle v. Sutherland

Missouri Court of Appeals

Decided June 25, 2002No. ED 80187PublishedCited by 7 opinions

1Opinion of the Court

LAWRENCE E. MOONEY, Presiding Judge.

Relator John Boyle filed a petition for a writ of prohibition to prevent the respondent judge from enforcing his order revoking Boyle’s probation. Boyle, claiming in-digency, complains that he was forced to proceed to the probation revocation hearing -without aid of counsel. 1 Because we find the judge exceeded his jurisdiction in conducting the probation revocation hearing without informing Boyle of his right to appointed counsel and without Boyle waiving counsel, we make our preliminary order in prohibition absolute. 2

FACTS

Boyle pleaded guilty to…

2Cases cited6 opinions

  1. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  2. State Ex Rel. Noranda Aluminum, Inc. v. RainsSupreme Court of Missouri · 1986
  3. State Ex Rel. Director of Revenue v. GaertnerSupreme Court of Missouri · 2000
  4. Abel v. WyrickSupreme Court of Missouri · 1978
  5. State Ex Rel. Baldwin v. DandurandSupreme Court of Missouri · 1990

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State Ex Rel. Abdullah v. RoldanMissouri Court of Appeals · 2006
  2. State Ex Rel. Director of Revenue v. AshMissouri Court of Appeals · 2005
  3. State Ex Rel. Toth v. DildineMissouri Court of Appeals · 2006
  4. State Ex Rel. Williams v. LohmarMissouri Court of Appeals · 2005
  5. State ex rel. Nixon v. CampbellMissouri Court of Appeals · 2003

2 more not listed; retrieve them via the Exa API.

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