Rubino v. Lynaugh

OPINION ON CERTIFIED QUESTION FROM THE FIFTH CIRCUIT COURT OF APPEALS

This cause is before us, along with Clay v. Lynaugh, 770 S.W.2d 800 (Tex.Cr.App., delivered this day), on certified question from the United States Court of Appeals for the Fifth Circuit, pursuant to Tex.R. App.Pro., Rule 214. The Fifth Circuit held that this Court’s retroactive application of Ex parte McWilliams, 634 S.W.2d 815 (Tex.Cr.App.1982) (Opinion on rehearing), to deprive Rubino of the benefit of the so-called “carving doctrine,” denied him due process and “undermined the constitutional prohibition on ex post facto…