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Herrera (D) was convicted of murder and sentenced to death. Ten years after his conviction, he filed a federal habeas petition claiming that he was innocent. The State District Court denied his application, finding that there was no evidentiary basis for his claim. The Court of Appeals held that D's claim of actual innocence was not cognizable. D then appealed to the United States Supreme Court, claiming that the 8th and 14th Amendments prohibit the execution of a person who is innocent of a crime for which he was convicted and that he now has evidence of his innocence.

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