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Lucas v. Johnson, No. 96-10389 (5th Cir.) (132 F.3d 1069) (January 9, 1998) (Judge E. Grady Jolly)

Here the Court held that claims of actual innocence based on newly discovered evidence are not sufficient for habeas proceedings absent an independent constitutional violation occurring in the underlying state criminal proceeding.

Citing Herrera v. Collins, 506 U.S. 390 (1993), the court affirmed the rule that "claims of actual innocence ...

 

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