Court of Appeals for the Eleventh Circuit August 21, 1990, 89-3195 (Marvin Edwin Johnson v. Richard L. Dugger, Secretary, Florida Department of Corrections)

HILL, Senior Circuit Judge,

dissenting:

I. I DISSENT

The majority’s decision in this case departs sharply from Supreme Court precedent that requires a petitioner to make a colorable showing of “actual innocence” in order to obtain federal habeas review after an unexcused procedural default.