Ex Parte William Herron, Jr.

Summary

The Court of Criminal Appeals of Texas denied the applicant's double jeopardy claim, holding that the Fifth Amendment does not bar cumulative punishments for aggravated kidnapping and aggravated robbery when prosecuted in a single trial. The majority relied on Blockburger, Hunter, and Albernaz to conclude that legislative authorization for cumulative sentences defeats a double jeopardy violation. Two dissenting opinions argue the majority erred and would have granted relief.