The Tennessee Supreme Court held today in State of Tennessee v. Shanessa L. Sokolosky, that an appeal of a probation revocation order was not moot even when the defendant fully served her sentence.
Shanessa Sokolosky pleaded guilty in 2019 to two misdemeanors. Instead of serving time in custody, her nearly two-year sentence was suspended for supervised probation. A few months into her sentence, the trial court issued an arrest warrant alleging she had violated her probation by not reporting and not paying court costs. She was taken into custody in April of 2022.
Ms. Sokolosky filed a motion to dismiss the warrant claiming the probation company employed unethical practices. On June 2, 2022, the trial court denied Ms. Sokolosky’s motion to dismiss and found that she had violated probation. The court extended her supervision by another year.
Ms. Sokolosky quickly appealed the revocation order and the denial of her motion to dismiss. While that appeal was pending, the trial court issued another arrest warrant. The warrant alleged she had violated probation again by absconding and testing positive for methamphetamine, amphetamine, and marijuana.
On October 28, 2022, the trial court found Ms. Sokolosky guilty of violating probation and required her to serve the remainder of her sentence in custody.
By the time that Ms. Sokolosky’s appeal reached the Court of Criminal Appeals, her sentence had ended, and she had been released from all custody or supervision. Without ruling on the appeal, the appellate court dismissed the case as moot, which is typically done when there is nothing further for the court to resolve or relief to be granted.
On appeal, the Tennessee Supreme Court disagreed with the dismissal. The Court found that the appeal was not moot because Ms. Sokolosky could still face consequences due to this probation violation. The Court clarified that this was not an exception to the doctrine of mootness, but instead rendered the case not moot. Accordingly, the Court reversed the decision and sent the case back to the Court of Criminal Appeals to be heard on the merits.
To read the Court’s opinion in State of Tennessee v. Shanessa L. Sokolosky, authored by Justice Mary L. Wagner, go to the opinions section of TNCourts.gov.