The Double Jeopardy Carving Doctrine is Abandoned in Texas



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Texas Tech Law Review


Analyses the Texas Court of Criminal Appeals’ case Ex Parte McWilliams. In the instant case, the court abandoned the carving doctrine which prohibited prosecution of more than one offense out of the same “continuous transaction” as double jeopardy. The author notes that, “Texas courts must resolve how the state's definition of "lesser included offense" is to be construed relative to the newly adopted Blockburger offense defining test. In sum, the apparent result of McWilliams is to give the prosecutor the greatest amount of flexibility, within constitutional limits, in securing conviction and punishment of Texas criminal defendants.”



Double jeopardy, Carving doctrine, Lesser included offenses, Successive prosecutions, Multiple punishments, Plea bargaining, Blockburger test, Ex parte McWilliams, Case note


14 Tex. Tech L. Rev. 495