http://www.markwelch.com/shumate.htm WebOct 26, 1999 · Likewise, in Shumate's case, this court reversed the order of the trial court revoking Shumate's probation, based on insufficiency of the evidence. We hold that the reversal of the trial court's judgment revoking Shumate's probation was a judgment on the merits, and that it satisfies the "judgment on the merits" element of res judicata.

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