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Banks Vs. Dretke
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- US Supreme Court
- Feb 24, 2004
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Syllabus October Term, 2003 Banks V. DretkeSearch
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Supreme Court of the United States Banks V. DretkeSearch
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s actions violated Brady v. MarylandSearch
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required Banks to exhaust available state-court remedies in order to pursue federal-court relief. See, e.g., Rose v. LundySearch
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both cause for his failure to develop facts in state court, and actual prejudice resulting from that failure. Keeney v. Tamayo-ReyesSearch
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U. S. 1 , 11. A Brady prosecutorial misconduct claim has three essential elements. Strickler v. GreeneSearch
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s arrangement with Deputy Huff. Cf. Kyles v. WhitleySearch
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Farr misrepresented his dealings with police, the prosecution allowed that testimony to stand uncorrected. Cf. Giglio v. UnitedSearch
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s police connections, for state law entitled him to no such aid. Further, Roviaro v. UnitedSearch
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has counseled the use of careful instructions on submission of the credibility issue to the jury. See, e.g., On Lee v. UnitedSearch
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s application in such proceedings. Harris v. NelsonSearch
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s litigation conduct, see, e.g., Gray v. NetherlandSearch
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of his constitutional claims or that the issues presented warrant encouragement to proceed further. Miller-El v. CockrellSearch
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III. Thomas, J., filed an opinion concurring in part and dissenting in part, in which Scalia, J., joined. Banks v. DretkeSearch
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Opinion of the Court Banks V. DretkeSearch
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Supreme Court of the United States No. 02-8286 Delma Banks, Jr., Petitioner V. DougSearch
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Banks v. StateSearch
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s green Mustang, and to hearing gunshots in Pocket Park at 4 a.m. on April 12. Banks v. StateSearch
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and a claim of improper exclusion of minority jurors in violation of Swain v. AlabamaSearch
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see Rose v. LundySearch
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U. S., at 87. We set out in Strickler v. GreeneSearch
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U. S., at 276, n. 14 (quoting App. in Strickler v. GreeneSearch
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cf. Kyles v. WhitleySearch
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Giglio v. UnitedSearch
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States, 405 U. S. 150 , 153 (1972) (quoting Mooney v. HolohanSearch
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prosecutors would not stoop to improper litigation conduct to advance prospects for gaining a conviction. See Berger v. UnitedSearch
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U. S. 214 , 222 (1988) (quoting Murray v. CarrierSearch
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U. S. 899 , 909 (1997) (quoting United States v. ChemicalSearch
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Berger , 295 U. S., at 88. See also Olmstead v. UnitedSearch
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Finally, relying on Roviaro v. UnitedSearch
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Strickler , 527 U. S., at 282. Our touchstone on materiality is Kyles v. WhitleySearch
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informers pose. On Lee v. UnitedSearch
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accord, Hoffa v. UnitedSearch
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