Opinion

Scamardo v. State

  • 517 S.W.2d 293
  • 1974 Tex. Crim. App. LEXIS 1924
Court
Court of Criminal Appeals of Texas
Filed
Oct 30, 1974
Status
Published
Author
Onion
On the bench
Dally, Onion
Cited by
323 cases
Authority
More cited than 8.3%

holding that, because probation-revocation hearings are not criminal trials, the State’s burden of proof in a *379 probation-revocation hearing is only by a preponderance of the evidence

How later courts described this case

  • holding that, because probation-revocation hearings are not criminal trials, the State’s burden of proof in a *379 probation-revocation hearing is only by a preponderance of the evidence
  • holding that, because probation-revocation hearings are not criminal trials, the State=s burden of proof in a probation-revocation hearing is only by a preponderance of the evidence
  • estab-lishing that probation revocation must be supported by a preponderance of the evidence

Written by the judges who cited it.

The opinion

ONION, Presiding Judge

(concurring in part and dissenting in part).

I concur in the result reached, but dissent to that portion of the opinion declaring the burden of proof in a revocation of probation proceeding to be “by a prepon *299 derance of the evidence.” I remain convinced that the proper burden of proof is “beyond a reasonable doubt” for the reasons stated in my dissenting opinion in Kelly v. State, 483 S.W.2d 467, 473 (Tex.Cr.App.1972).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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