Carolyn Kate Kelley, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals reversed the Court of Appeals and affirmed the trial court, holding that Article 1918c is not unconstitutional and was not unconstitutionally applied in denying probation, and that the appellate court erred by applying a presumption of irregularity instead of the proper presumption of regularity. Justice Teague dissented, arguing the magistrate lacked authority and the statute is unconstitutional.