Ex Parte McWilliams

Texas Court of Criminal Appeals · Decided 1982-05-12

Cited by 259 later decision(s) in our corpus · see the citation network in Lexace

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OPINION ON STATE’S MOTION FOR REHEARING DALLY, Judge. The petitioner in this post-conviction habeas corpus proceeding, Art. 11.07, V.A.C.C.P., seeks relief under the carving doctrine. We now abandon the carving doctrine for the compelling reason that it encourages crime. When the carving doctrine may be applied to a situation in which a defendant robs, kidnaps, rapes, and murders his victim, the defendant…

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