Commonwealth of Kentucky v. Darryl Ellery

Summary

The Court affirmed the Court of Appeals' conclusion that the circuit court lost jurisdiction to revoke Ellery's probation because it failed to enter an order extending probation at his first appearance after the arrest warrant was executed. Although Ellery had completed his sentence and the appeal was otherwise moot, the Court reached the merits under the public-interest exception because the issue was one of first impression requiring authoritative guidance. The Court declined to adopt fugitive tolling or alter its interpretation of the governing statute, holding that a court order was required to extend probation beyond the first appearance.