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Leonel Torres
HERRERA
5 days after
September 17,
No.
91-7328
LEONEL TORRES
HERRERA, PETITIONER
v. JAMES A. COLLINS, DIRECTOR, TEXAS
DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL
DIVISION
on writ of certiorari to
the united states court of appeals for the fifth
circuit
[January
25, 1993]
In voting to affirm, I
assume that a persuasive
showing of "actual innocence"
made after trial, even
though made after the
expiration of the time
provided by law for the
presentation of newly
discovered evidence, would
render unconstitutional the
execution of petitioner in
this case. To be entitled to
relief, however, petitioner
would at the very least be
required to show that based
on proffered newly
discovered evidence and the
entire record before the
jury that convicted him, "no
rational trier of fact could
[find] proof of guilt beyond
a reasonable doubt."
Jackson v. Virginia,
443 U.S. 307, 324 (1979).
For the reasons stated in
the Court's opinion,
petitioner's showing falls
far short of satisfying even
that standard, and I
therefore concur in the
judgment.