Ex Parte Brian Edward Franklin, Applicant

Summary

The Court denied the applicant's habeas corpus claim, holding that he failed to meet the clear‑and‑convincing burden required for a Herrera‑type actual‑innocence claim. The decision rests on the requirement that newly discovered evidence must affirmatively establish innocence, not merely raise doubt. Justice WOMACK, in a concurring opinion, criticized the majority's reliance on Herrera.