Commonwealth of Kentucky v. David Tapp

Summary

The Kentucky Supreme Court held that a probation warrant remains pending after service until the probationer is arrested and brought before the court, but ceases to be pending upon that appearance. The court further held that a trial court may extend probation without a prior hearing through a duly entered order supported by probable cause, but because Tapp's probation was not extended at his first appearance, the trial court lacked jurisdiction to revoke probation. The Court affirmed the Court of Appeals, and Wright, J., dissenting, would have held that the warrant remained pending until the revocation matter was resolved.