Kelley Richey, Petitioner v. Brookshire Grocery Co. D/b/a Super 1 Food Store, Respondent

Summary

The Texas Supreme Court affirmed that Brookshire Grocery Store had probable cause to initiate criminal prosecution against Kelley Richey, holding that the undisputed facts supported a reasonable belief of theft and that the failure to fully disclose information does not negate probable cause. Justice Cornyn dissented, arguing that the court improperly treated probable cause as a question of law and that the evidence showed no probable cause.