Legal Opinion · Dissent

Bradley v. State

Court of Criminal Appeals of Texas

Decided November 26, 1980No. 56475Published

1DissentClinton, Judge

Though the Barrientez concept of “judicial notice” is not barred by statute, neither is it authorized by one. It is purely a judicially conceived notion transformed into fiat by written opinion. Without explica*663tion of rationale,1 the Court justified the concept of a trial court taking “judicial notice” of evidence introduced in a prior proceeding to support revocation of probation on a policy of convenience, viz:

“Certainly,2 Judge Walker could take judicial notice of the evidence introduced in that prior proceeding. Are we to pretend that this judge was not present at the murder trial, and…

2Cases cited7 opinions

  1. Bradley v. StateCourt of Criminal Appeals of Texas · 1978
  2. Stephenson v. StateCourt of Criminal Appeals of Texas · 1973
  3. Green v. StateCourt of Criminal Appeals of Texas · 1975
  4. O'HERN v. StateCourt of Criminal Appeals of Texas · 1975
  5. Hilton v. StateCourt of Criminal Appeals of Texas · 1969

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