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STATE EX REL. JUERGENS v. CUNDIFF

No. 79249.

939 S.W.2d 381 (1997)

STATE ex rel. Randy JUERGENS, Relator v. Honorable Terry CUNDIFF, Judge, Circuit Court, St. Charles County, Respondent.

Supreme Court of Missouri, En Banc.

February 25, 1997.

Attorney(s) appearing for the Case

Larry A. Bagsby, St. Charles, for relator.

Timothy A. Braun, Prosecuting Attorney, Dennis R. Chassaniol, Asst. Prosecuting Attorney, St. Charles County, St. Charles, for respondent.

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...

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