Bradley v. State

I dissent to the majority’s disposition of this case due to the fact it is erroneously decided on two grounds. First, and foremost, is the majority’s reliance on Barrien-tez v. State, Tex.Cr.App., 500 S.W.2d 474. In Barrientez, this Court erroneously extended the doctrine of judicial notice to allow the trial judge, at a revocation of probation hearing, to judicially notice evidence introduced in a prior proceeding. After the trial judge took judicial notice of the evidence in Barrientez, this Court affirmed the judgment assuming that if the testimony at the prior proceeding had been in the…