Not yet it isn't. I expect the judges who hear the examining trails to either find probable cause or cite the "statutory substitute" that appears in Texas Code of Criminal Procedure. As long as the affidavit has the magic words, "affiant has good reason to believe, and does believe, that the accused has committed such offense" (and the cookie-cutter affidavits do in fact have those words), Texas doesn't require evidence that shows probable cause.
Art. 15.05. REQUISITES OF COMPLAINT. ...
2. It must show that the accused has committed some offense against the laws of the State, either directly or that the affiant has good reason to believe, and does believe, that the accused has committed such offense.
Broden will appeal. The Texas Criminal Code is unconstitutional.
Jackson called Waco police Detective Manuel Chavez as a witness to describe how the affidavits were drafted. To obtain the arrest warrants, Chavez swore before a judge as to their content. He testified Thursday that the document was written by prosecutors in the McLennan County District Attorney’s Office on the day of the shootout.
That makes me sad. I do try to not be a cynic, but it's getting hard not to.