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CLAY v. LYNAUGH

No. 87-1521.

846 F.2d 8 (1988)

David Franklin CLAY, Petitioner-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 18, 1988.

Attorney(s) appearing for the Case

David W. Coody, Dallas, Tex., Ken J. McLean, Houston, Tex., for petitioner-appellant.

Charles R. Hall, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before RUBIN, KING and WILLIAMS, Circuit Judges.

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...

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