Court of Criminal Appeals of Texas

Teddy Joe McDonald, Appellant v. the State of Texas, Appellee

November 26, 19801980 Tex. Crim. App. LEXIS 1468

Summary

The Court of Criminal Appeals affirmed the trial court's order revoking Teddy Joe McDonald’s probation, holding that the court properly took judicial notice of the prior trial testimony and that the evidence presented satisfied the preponderance standard required for revocation. The majority found no constitutional violation requiring specific findings on the credibility of the prior witness. Separate dissenting and concurring opinions argued that the Barrientez‑Bradley judicial‑notice rule was improperly applied and that the revocation lacked sufficient evidentiary support.