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CLAY v. LYNAUGH

No. 70362.

770 S.W.2d 800 (1989)

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

Court of Criminal Appeals of Texas, En Banc.

April 26, 1989.

Attorney(s) appearing for the Case

Ken J. McLean, Houston, for petitioner.

Jim Mattox, Atty. Gen. & Mary F. Keller, Louis McCreary, Michael P. Hodge, F. Scott McCown & C. Rex Hall, Asst. Attys. Gen., Robert Huttash, State's Atty., Austin, for state.

Before the court en banc.

OPINION ON CERTIFIED QUESTION FROM THE FIFTH CIRCUIT COURT OF APPEALS

PER CURIAM.

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...

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