A Review of the Jeopardy Defense in Texas
Steele, Walter W., Jr.
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Reviews how double jeopardy applies in Texas to “conduct committed during a single criminal episode.” The test in Texas is currently the carving doctrine, which states that the prosecutor is only allowed to “cut once,” but can carve out as large of an offense out of a single transaction as he can. The author believes this doctrine is arcane and over-used.