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Herrera v. Collins
''Herrera v. Collins'', , is a case in which the Supreme Court of the United States ruled by 6 votes to 3 that a claim that the Eighth Amendment's ban on cruel and unusual punishment prohibits the execution of one who is actually innocent is not ground for federal ''habeas corpus'' relief.
==Background==
On September 29, 1981, Texas Department of Public Safety Officer David Rucker was shot and killed along a stretch of highway a few miles north of Brownsville, Texas in the Rio Grande Valley. Rucker's body, discovered by a passer-by, was lying beside his patrol car. He had been shot in the head. Around the same time, Los Fresnos Police Officer Enrique Carrisalez observed a speeding vehicle traveling on the same road away from where Rucker's body had been found. Carrisalez and his partner turned on the patrol car's flashing red lights and pursued the vehicle, which pulled over. Carrisalez took a flashlight and walked toward the car. The driver of the vehicle opened his door and exchanged words with Carrisalez before firing at least one shot at Carrisalez' chest. He died nine days later. Leonel Torres Herrera was arrested a few days later and was charged with the capital murder of both Carrisalez and Rucker.
Before he died, Carrisalez also identified Herrera as the person who shot him from a single photograph shown to him in the hospital (not a photo array). The license plate of the vehicle from which the gunman emerged was traced back to Herrera's live-in girlfriend, a car which Herrera was known to drive by local law enforcement authorities. Carrisalez' partner testified that only one person was in the car when Carrisalez was shot.
Other evidence showed that Herrera's Social Security card had been found alongside Rucker's patrol car on the night he was killed. Splatters of blood on the car identified by Carrisalez' partner as the vehicle involved in the shootings were found to be type A blood, the same as Rucker's. Blood on Herrera's pants and wallet was likewise discovered to be type A. Last, a handwritten letter was found on Herrera when he was arrested which "strongly implied" that he had killed Rucker.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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