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Judge Wolfe dismisses violation-of-probation case against James Brent Waller, cites lack of subject-matter jurisdiction
Summary
The court found that Waller was never served with the violation-of-probation warrants, which had been recalled, and dismissed the case because the sentence had expired, rendering the March 20, 2024 judgment void.
Judge David D. Wolfe dismissed the violation-of-probation proceedings against James Brent Waller (case P2Cc2017CR983), finding the court lacked subject-matter jurisdiction because Waller was not served with the violation-of-probation (VOP) warrants before they were recalled by the warrants clerk.
The dismissal follows a remand from the Tennessee Court of Criminal Appeals asking this court to make findings about whether the VOP warrants were recalled and whether the court had jurisdiction. The judge reviewed the record and noted a handwritten clerk notation…
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