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HERRERA v. COLLINS

No. 91-7328.

506 U.S. 390 (1993)

HERRERA v. COLLINS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION

United States Supreme Court.

Decided January 25, 1993.

Attorney(s) appearing for the Case

Talbot D'Alemberte argued the cause for petitioner. With him on the brief were Robert L. McGlasson, Phyllis L. Crocker, and Mark Evan Olive.

Margaret Portman Griffey, Assistant Attorney General of Texas, argued the cause for respondent. With her on the brief were Dan Morales, Attorney General, Will Pryor, First Assistant Attorney General, Mary F. Keller, Deputy Attorney General, and Michael P. Hodge, Dana E. Parker, and Joan C. Barton, Assistant Attorneys General.

Paul J. Larkin, Jr., argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, and Deputy Solicitor General Roberts.

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. O'Connor, J., filed a concurring opinion, in which Kennedy, J., joined, p. 419. Scalia, J.,filed a concurring opinion, in which Thomas, J., joined, p. 427. White, J., filed an opinion concurring in the judgment, p. 429. Blackmun, J.,filed a dissenting opinion, in Parts I, II, III, and IV of which Stevens and Souter, JJ., joined, p. 430.

Chief Justice Rehnquist delivered the opinion of the Court.

Petitioner Leonel Torres Herrera was convicted of capital murder and sentenced to death in January 1982. He unsuccessfully challenged the conviction on direct appeal and state collateral proceedings in the Texas state courts, and in a federal habeas petition. In February 1992-10 years after his conviction — he urged in a second federal habeas petition that he was "actually innocent" of the murder for...

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