Clay v. Lynaugh

OPINION ON CERTIFIED QUESTION FROM THE FIFTH CIRCUIT COURT OF APPEALS

In Ex parte McWilliams, 634 S.W.2d 815 (Tex.Cr.App.1982) (Opinion on rehearing), this Court, by its own terms, “abandoned” the so-called “carving doctrine” as a litmus for determining violations of state and federal protections against double jeopardy, finding the rule "nebulous” in content and “erratic” in application. Two years later the Court held Ex parte McWilliams, supra, to have “full retroactive application to all cases whether they arise on collateral review or direct appeal.” Ex parte Clay, 675 S.W.2d 765, 768…