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Summary Of The Petitioner V. Collins

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Brief Fact Summary: This was a case under the Supreme Court of the United States that was between Leonel Torres Herrera who was the petitioner v. James A. Collins the Director of the Texas Department of Criminal Justice, Institutional Division. Herrera was convicted for a murder of two officers but later produced evidence that he was innocent. Facts: A law enforcer was found dead on the side of the road one evening in September 1981. At around the same time another officer observed a vehicle that was speeding on the same road and pursued it whereby it pulled over after a while and the officer was shot in the head. He succumbed to the injuries and died 9 days later. The suspect was then held and charged with capital murder. Ten years after …show more content…

Collins, 506 U.S. 390). The case was complicated because the state had already met its expenses and burden to prove during trial that the convict was guilty of the capital murder beyond judicious doubt. The presumption of innocence disappears when a person is convicted. According to the petitioner, he claims that the evidence that was not presented in court proved him innocent the verdict notwithstanding. The writ of habeas corpus is a summons that is directed to anyone who is holding a prisoner to give the directive of taking the prisoner before court for the custodian to present proof of authority that would permit the court of law to decide the legality of the detention of the prisoner or the convict in question (Herrera v. Collins, 506 U.S. 390). The fact that the petitioner does not seek the excusal of a procedural error which would enable him to bring in an independent legal claim that would challenge his conviction or his sentence, but goes ahead to argue that he is entitled to habeas relief courtesy of the new evidence showed the factual incorrectness of his conviction (Herrera v. Collins, 506 U.S. 390). The petitioner claimed that his execution would be a violation of the eight amendment and the fourteenth

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