David Franklin Clay v. James A. Lynaugh, Director, Texas Department of Corrections, Respondent

ALVIN B. RUBIN, Circuit Judge:

On December 17,1977, a Texas jury convicted David Franklin Clay of aggravated kidnapping and aggravated rape. Clay asserts that, because the two offenses arose out of a single criminal transaction, the second conviction was illegal under the Texas “carving doctrine,” a judicially developed rule barring multiple convictions for offenses “carved” out of one continuous course of criminal conduct. In affirming his second conviction, the Texas Court of Criminal Appeals relied on the abandonment of the carving doctrine in its 1982 decision, Ex Parte McWilliams.1 If the…