Ex Parte Brian Edward Franklin, Applicant

Summary

The Texas Court of Criminal Appeals denied Brian Edward Franklin's habeas corpus application, holding that he failed to meet the clear‑and‑convincing burden required for a Herrera‑type actual‑innocence claim. The Court clarified that such claims must present affirmative evidence of innocence, not merely impeach the victim's credibility. Justice Womack concurred, criticizing the majority's reliance on Herrera.