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- SUPREME COURT OF THE UNITED STATES
- --------
- 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]
-
- Justice White, concurring in the judgment.
- 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.
-