Pete Thomas Scamardo, Appellant v. the State of Texas, Appellee

Summary

The Court reversed the trial court's order revoking Pete Thomas Scamardo's probation, holding that a revocation must be supported by a preponderance of the evidence and that the State failed to meet that burden. It also rejected the State's argument that materiality of alleged perjury is a pure question of law. The case was remanded for further proceedings. Justice ONION, in a concurrence in part and dissent in part, agreed with the reversal but maintained that the proper burden of proof is beyond a reasonable doubt.