Legal Opinion

Ex Parte Clay

Court of Criminal Appeals of Texas

Decided June 6, 1984No. 69251PublishedCited by 12 opinions

1Opinion of the Court

OPINION

ODOM, Judge.

This is a post-conviction habeas corpus application filed pursuant to Art. 11.07, V.A.C.C.P. The application was ordered filed and set for submission to determine whether the abandonment of the “carving doctrine” in Ex parte McWilliams, 634 S.W.2d 815 (Tex.Cr.App.1982), should be applied retroactively.

Petitioner was convicted of aggravated rape and the jury assessed punishment at 55 years. At the same trial petitioner was convicted of two counts of aggravated kidnapping. One of the kidnapping charges, *766for which the jury assessed punishment at 15 years, was unrelated to the…

2Cases cited14 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Stovall v. DennoSupreme Court of the United States · 1967
  3. Johnson v. New JerseySupreme Court of the United States · 1966
  4. Linkletter v. WalkerSupreme Court of the United States · 1965
  5. United States v. JohnsonSupreme Court of the United States · 1982

9 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Sebree v. State, Texas Court of Appeals, 1st District (Houston)1985
  2. George Anthony Rubino v. James A. Lynaugh, Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1988
  3. Ex Parte ScalesCourt of Criminal Appeals of Texas · 1993
  4. David Franklin Clay v. James A. Lynaugh, Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1988
  5. Clay v. LynaughCourt of Criminal Appeals of Texas · 1989

7 more not listed; retrieve them via the Exa API.

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