banks
dretke
director
texas
department
criminal
justice
correctional
institutions
division
argued
december
decided
february
police
found
corpse
near
texarkana
texas
deputy
sheriff
willie
huff
learned
decedent
seen
petitioner
banks
three
days
earlier
paid
informant
told
deputy
huff
banks
driving
dallas
fetch
weapon
deputy
huff
followed
banks
residence
return
trip
police
stopped
banks
vehicle
found
handgun
arrested
car
occupants
returning
dallas
residence
deputy
huff
encountered
charles
cook
recovered
second
gun
cook
said
banks
left
residence
several
days
earlier
testing
second
gun
proved
murder
weapon
prior
banks
trial
state
advised
defense
counsel
without
necessity
motions
state
provide
banks
discovery
entitled
nevertheless
state
withheld
evidence
allowed
banks
discredit
two
essential
prosecution
witnesses
trial
guilt
phase
cook
testified
inter
alia
banks
admitted
kill
ing
white
boy
cook
thrice
denied
talking
anyone
testimony
fact
deputy
huff
prosecutors
intensively
coached
cook
testimony
least
one
pretrial
session
prosecution
allowed
cook
misstatements
stand
uncorrected
banks
capital
murder
conviction
jury
found
banks
probably
commit
criminal
acts
violence
constitute
continuing
threat
society
one
state
two
witnesses
robert
farr
testified
banks
retrieved
gun
dallas
order
commit
robberies
according
farr
banks
said
take
care
trouble
arose
crimes
two
defense
witnesses
impeached
farr
turn
impeached
banks
testified
among
things
although
traveled
dallas
obtain
gun
intent
participate
robberies
farr
alone
planned
commit
summation
prosecution
suggested
banks
traveled
dallas
supply
farr
weapon
stressing
farr
testimony
banks
said
take
care
trouble
arising
robberies
prosecution
urged
jury
find
farr
credible
farr
admission
used
narcotics
prosecution
suggested
indicated
open
honest
every
way
state
disclose
farr
paid
informant
told
deputy
huff
dallas
trip
judge
sentenced
banks
death
banks
direct
appeal
state
continued
hold
secret
farr
cook
links
police
postconviction
motion
banks
alleged
first
time
prosecution
knowingly
failed
turn
exculpatory
evidence
revealed
farr
police
informant
banks
arrest
banks
also
alleged
trial
guilt
phase
state
deliberately
withheld
information
deal
prosecutors
made
cook
critical
jury
assessment
cook
credibility
banks
asserted
state
actions
violated
brady
maryland
held
prosecution
suppression
evidence
requested
favorable
accused
violates
due
process
evidence
material
either
guilt
punishment
irrespective
prosecution
good
bad
faith
state
denied
banks
allegations
state
postconviction
rejected
claims
banks
filed
instant
federal
habeas
petition
alleging
relevant
state
withheld
material
exculpatory
evidence
revealing
farr
police
informant
banks
arrest
banks
alleged
state
concealed
cook
incentive
testify
manner
favorable
prosecution
banks
attached
affidavits
farr
cook
february
motion
seeking
discovery
evidentiary
hearing
farr
declaration
stated
agreed
help
deputy
huff
murder
investigation
fear
huff
arrest
drug
charges
huff
paid
farr
set
banks
convincing
drive
dallas
retrieve
banks
gun
cook
recalled
participated
practice
sessions
banks
trial
prosecutors
told
must
either
testify
wanted
spend
rest
life
prison
response
magistrate
judge
disclosure
order
federal
habeas
proceeding
prosecution
gave
banks
transcript
september
pretrial
interrogation
cook
police
prosecutors
transcript
provided
compelling
evidence
cook
testimony
tutored
bear
whether
cook
deal
prosecution
federal
evidentiary
hearing
huff
acknowledged
first
time
farr
informant
paid
involvement
banks
case
banks
trial
prosecutor
testified
however
deal
offered
gain
cook
testimony
magistrate
judge
recommended
writ
habeas
corpus
respect
banks
death
sentence
based
inter
alia
state
failure
disclose
farr
informant
status
judge
recommend
disturbing
verdict
concluding
regard
banks
properly
pleaded
brady
claim
based
september
cook
interrogation
transcript
district
adopted
magistrate
judge
report
rejected
banks
argument
cook
transcript
claim
treated
raised
pleadings
federal
rule
civil
procedure
fifth
circuit
reversed
extent
district
granted
relief
banks
farr
brady
claim
appeals
recognized
prior
federal
habeas
proceedings
prosecution
suppressed
farr
informant
status
part
dallas
trip
fifth
circuit
nonetheless
concluded
banks
act
diligently
develop
facts
underpinning
farr
brady
claim
pursued
postconviction
application
lack
diligence
appeals
held
rendered
evidence
uncovered
federal
habeas
proceeding
procedurally
barred
event
fifth
circuit
ruled
farr
status
informant
material
brady
purposes
fifth
circuit
judgment
banks
impeached
farr
trial
bringing
unreliable
police
informant
arkansas
much
farr
testimony
corroborated
witnesses
including
banks
acknowledged
willingness
get
gun
farr
use
robberies
fifth
circuit
also
denied
certificate
appealability
banks
cook
brady
claim
accord
district
appeals
rejected
banks
assertion
cook
brady
claim
aired
implied
consent
rule
required
treated
raised
pleadings
held
fifth
circuit
erred
dismissing
banks
farr
brady
claim
denying
certificate
appealability
cook
brady
claim
police
prosecutors
conceal
significant
exculpatory
impeaching
material
state
possession
ordinarily
incumbent
state
set
record
straight
pp
banks
brady
claims
arose
regime
place
prior
antiterrorism
effective
death
penalty
act
aedpa
banks
farr
brady
claim
trains
death
sentence
barred
three
elements
brady
claim
satisfied
suppression
farr
informant
status
bearing
reliability
jury
verdict
regarding
punishment
banks
also
demonstrated
cause
prejudice
precluded
gaining
federal
habeas
relief
failure
produce
evidence
anterior
proceedings
pp
habeas
law
required
banks
exhaust
available
remedies
order
pursue
relief
see
rose
lundy
banks
satisfied
requirement
alleging
habeas
application
prosecution
knowingly
failed
turn
exculpatory
evidence
farr
banks
however
failed
produce
evidence
state
postconviction
establishing
farr
served
deputy
sheriff
huff
informant
federal
habeas
forum
banks
must
show
thereby
barred
producing
evidence
substantiate
farr
brady
claim
banks
entitled
evidentiary
hearing
show
cause
failure
develop
facts
state
actual
prejudice
resulting
failure
keeney
brady
prosecutorial
misconduct
claim
three
essential
elements
strickler
greene
beyond
debate
first
element
evidence
issue
favorable
accused
exculpatory
impeaching
satisfied
farr
paid
informant
status
plainly
qualifies
evidence
advantageous
banks
cause
prejudice
case
parallel
second
third
three
brady
components
corresponding
second
brady
element
state
suppressed
evidence
issue
petitioner
shows
cause
reason
failure
develop
facts
proceedings
state
suppression
relevant
evidence
coincident
third
brady
component
prejudice
ensued
prejudice
within
compass
cause
prejudice
requirement
exists
suppressed
evidence
material
brady
purposes
ibid
thus
banks
succeeds
demonstrating
cause
prejudice
also
succeed
establishing
essential
elements
farr
brady
claim
pp
banks
shown
cause
failing
present
evidence
state
capable
substantiating
farr
brady
claim
strickler
instructs
second
state
asserted
eve
trial
disclose
brady
material
banks
faulted
relying
representation
see
strickler
banks
appropriately
assumed
police
engage
improper
litigation
conduct
obtain
conviction
none
state
arguments
distinguishing
strickler
cause
issue
accounts
adequately
state
concealment
misrepresentation
farr
link
huff
light
misrepresentations
banks
lack
appropriate
diligence
pursuing
farr
brady
claim
state
banks
fault
failing
move
postconviction
proceedings
investigative
assistance
inquire
farr
police
connections
state
law
entitled
aid
roviaro
concerned
government
obligation
reveal
identity
informant
call
witness
support
state
position
pp
state
suppression
farr
informant
status
material
brady
purposes
materiality
standard
brady
claims
met
favorable
evidence
reasonably
taken
put
whole
case
different
light
undermine
confidence
verdict
kyles
state
argument
farr
informant
status
rendered
cumulative
impeachment
trial
contradicted
record
neither
witness
called
impeach
farr
gave
evidence
directly
relevant
farr
part
banks
prosecution
impeaching
witnesses
moreover
impeached
prosecution
stressed
summation
prosecution
turned
advantage
remaining
impeachment
evidence
suggesting
farr
admission
drug
use
demonstrated
openness
honesty
pp
lower
courts
wrongly
denied
banks
certificate
appealability
regard
brady
claim
resting
prosecution
suppression
september
cook
interrogation
transcript
appeals
rejected
banks
contention
rule
required
claim
treated
raised
pleadings
transcript
substantiating
claim
aired
evidentiary
hearing
magistrate
judge
fifth
circuit
apparently
relied
debatable
view
rule
inapplicable
habeas
proceedings
twice
assumed
rule
application
proceedings
harris
nelson
withrow
williams
withrow
district
granted
habeas
claim
neither
pleaded
considered
evidentiary
hearing
even
argu
ed
parties
held
trial
claim
implied
consent
manifestly
respondent
warden
prejudiced
lack
opportunity
present
evidence
bearing
claim
resolution
contrast
issue
undisclosed
cook
interrogation
transcript
aired
hearing
magistrate
judge
transcript
admitted
evidence
without
objection
fifth
circuit
view
evidentiary
hearing
aligned
trial
rule
purposes
well
grounded
agree
appeals
applying
rule
habeas
proceedings
undermine
state
exhaustion
procedural
default
defenses
ibid
law
inconsistency
arose
rule
defenses
doubtless
cases
assumed
rule
application
habeas
proceedings
see
ibid
aedpa
forbids
finding
exhaustion
waived
absent
express
waiver
state
law
allowed
waiver
defenses
exhaustion
procedural
default
based
state
litigation
conduct
see
gray
netherland
obtain
certificate
appealability
prisoner
must
demonstrate
reasonable
jurists
disagree
district
resolution
constitutional
claims
issues
presented
warrant
encouragement
proceed
cockrell
case
fits
description
application
rule
pp
fed
appx
reversed
remanded
ginsburg
delivered
opinion
rehnquist
stevens
kennedy
souter
breyer
joined
scalia
thomas
joined
part
iii
thomas
filed
opinion
concurring
part
dissenting
part
scalia
joined
delma
banks
petitioner
doug
dretke
director
texas
department
criminal
justice
correctional
institutions
division
writ
certiorari
appeals
fifth
circuit
february
justice
ginsburg
delivered
opinion
petitioner
delma
banks
convicted
capital
murder
sentenced
death
prior
trial
state
advised
banks
attorney
need
litigate
discovery
issues
representing
without
necessity
motions
provide
discovery
entitled
app
app
pet
cert
sources
internal
quotation
marks
omitted
despite
undertaking
state
withheld
evidence
allowed
banks
discredit
two
essential
prosecution
witnesses
state
disclose
one
witnesses
paid
police
informant
disclose
pretrial
transcript
revealing
witness
trial
testimony
intensively
coached
prosecutors
law
enforcement
officers
furthermore
prosecution
raised
red
flag
informant
testified
untruthfully
never
gave
police
statement
indeed
talked
police
officer
case
days
trial
instead
correcting
informant
false
statements
prosecutor
told
jury
witness
ha
open
honest
every
way
app
testimony
utmost
significance
similarly
prosecution
allowed
key
witness
convey
untruthfully
testimony
entirely
unrehearsed
direct
appeal
state
collateral
review
proceedings
state
continued
hold
secret
key
witnesses
links
police
allowed
false
statements
stand
uncorrected
ultimately
discovery
evidentiary
hearing
authorized
federal
habeas
corpus
proceeding
evidence
came
light
district
granted
banks
relief
death
penalty
appeals
reversed
latter
judgment
banks
documented
claims
prosecutorial
misconduct
late
wrong
forum
therefore
qualify
relief
reverse
judgment
police
prosecutors
conceal
significant
exculpatory
impeaching
material
state
possession
ordinarily
incumbent
state
set
record
straight
april
police
found
corpse
richard
whitehead
pocket
park
east
nash
texas
town
vicinity
texarkana
preliminary
autopsy
revealed
whitehead
shot
three
times
bowie
county
deputy
sheriff
willie
huff
lead
investigator
death
learned
two
witnesses
whitehead
company
petitioner
delma
banks
late
evening
april
banks
state
tex
crim
app
en
banc
cert
denied
april
huff
received
call
confidential
informant
reporting
banks
coming
dallas
meet
individual
get
weapon
app
evening
huff
officers
followed
banks
south
dallas
banks
visited
residence
ibid
brief
petitioner
police
stopped
banks
vehicle
en
route
dallas
found
handgun
car
arrested
car
occupants
app
returning
dallas
residence
banks
visited
huff
encountered
interviewed
charles
cook
recovered
second
gun
weapon
cook
said
banks
left
several
days
earlier
ibid
tests
later
identified
second
gun
whitehead
murder
weapon
may
pretrial
hearing
banks
counsel
sought
information
huff
concerning
confidential
informant
told
huff
banks
driving
dallas
huff
unresponsive
ibid
information
might
reveal
identity
informant
prosecution
urged
privileged
trial
sustained
state
objection
several
weeks
later
july
letter
prosecution
advised
banks
counsel
state
without
necessity
motions
provide
discovery
entitled
app
pet
cert
sources
internal
quotation
marks
omitted
guilt
phase
banks
trial
spanned
two
days
september
see
brief
petitioner
app
pet
cert
witnesses
testified
seeing
banks
whitehead
together
april
whitehead
green
mustang
hearing
gunshots
pocket
park
april
banks
state
charles
cook
testified
banks
arrived
dallas
green
mustang
april
stayed
cook
april
app
cook
gave
following
account
banks
visit
morning
arrival
banks
blood
leg
told
cook
got
highway
white
boy
night
banks
confessed
kill
ed
white
boy
hell
take
car
come
dallas
ensuing
conversation
cook
first
noticed
banks
pistol
two
days
later
banks
left
dallas
bus
next
day
cook
abandoned
mustang
west
dallas
sold
banks
gun
neighbor
cook
testified
shortly
police
arrived
residence
question
banks
revisited
requested
gun
cook
three
times
represented
talked
anyone
testimony
fact
however
cook
least
one
pretrial
practice
sessio
huff
prosecutors
intensively
coached
cook
appearance
stand
banks
trial
joint
lodging
material
transcript
pretrial
preparatory
session
prosecution
allowed
cook
misstatements
stand
uncorrected
summation
prosecution
told
jury
cook
brought
absolute
truth
app
addition
cook
robert
farr
key
witness
prosecution
corroborating
parts
cook
account
farr
testified
traveling
dallas
banks
retrieve
banks
gun
defense
counsel
asked
farr
whether
ever
taken
money
police
officers
give
police
officers
statement
farr
answered
questions
asserted
emphatically
police
officers
promised
anything
talked
one
case
days
trial
ibid
answers
untrue
state
correct
farr
paid
informant
told
deputy
sheriff
huff
banks
travel
dallas
search
gun
app
pet
cert
affidavit
farr
explained
assumed
help
huff
investigation
delma
arrested
drug
charges
agreed
help
huff
afraid
help
arrested
willie
huff
asked
help
find
delma
gun
told
huff
pay
money
right
away
help
case
think
altogether
gave
helping
paid
money
set
delma
paid
rest
delma
arrested
charged
murder
order
help
willie
huff
set
delma
told
delma
wanted
rob
pharmacy
get
drugs
needed
gun
really
plan
commit
robbery
told
delma
give
gun
convinced
delma
drive
dallas
get
gun
app
defense
presented
evidence
app
pet
cert
banks
convicted
murder
committed
course
robbery
violation
tex
penal
code
ann
see
app
pet
cert
penalty
phase
ran
course
next
day
ibid
governed
texas
statutory
capital
murder
scheme
applicable
jury
decided
banks
sentence
answering
three
special
issues
app
jury
unanimously
answer
ed
issue
submitted
trial
obliged
sentence
defendant
death
penry
lynaugh
construing
texas
sentencing
scheme
tex
code
crim
proc
arts
vernon
supp
critical
question
penalty
phase
banks
case
find
evidence
beyond
reasonable
doubt
probability
defendant
delma
banks
commit
criminal
acts
violence
constitute
continuing
threat
society
app
internal
quotation
marks
omitted
question
state
offered
two
witnesses
vetrano
jefferson
robert
farr
jefferson
testified
early
april
banks
struck
across
face
gun
threatened
kill
farr
testimony
focused
trip
dallas
fetch
banks
gun
gun
needed
farr
asserted
farr
banks
going
pull
robberies
according
farr
banks
said
take
care
trouble
burglaries
prosecution
asked
banks
say
take
care
farr
responded
banks
go
specifics
said
taken
care
ibid
defense
counsel
twice
asked
whether
farr
told
deputy
sheriff
huff
dallas
trip
ibid
state
remained
silent
farr
twice
perjuriously
testified
ibid
banks
counsel
also
inquired
whether
farr
previously
attempted
obtain
prescription
drugs
fraud
tight
testify
anything
anybody
want
ed
hear
farr
first
responded
prove
ibid
instructed
answer
defense
counsel
questions
farr
said
ibid
two
defense
witnesses
impeached
farr
turn
impeached
james
kelley
testified
farr
attempts
obtain
drugs
fraud
prosecution
impeached
kelley
eliciting
close
relationship
banks
girlfriend
later
kelley
admitted
drunk
stand
app
pet
cert
former
arkansas
police
officer
gary
owen
testified
farr
police
informant
arkansas
given
false
information
prosecution
impeached
owen
bringing
pending
application
employment
defense
counsel
private
investigator
app
banks
parents
acquaintances
testified
banks
respectful
churchgoing
young
man
app
pet
cert
app
thereafter
banks
took
stand
affirmed
ad
never
convicted
felony
banks
admitted
striking
vetrano
jefferson
april
traveling
dallas
obtain
gun
late
april
denied
however
intent
participate
robberies
asserting
farr
alone
planned
commit
prosecution
suggested
banks
willing
supply
farr
means
possible
death
weapon
armed
robbery
case
banks
conceded
much
ibid
summation
prosecution
intimated
banks
wholly
truthful
regard
suggesting
man
travel
two
hundred
miles
whatever
distance
texarkana
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banks
struck
pistol
early
april
app
supra
federal
habeas
proceeding
vetrano
jefferson
elaborated
banks
initiated
incident
making
disrespectful
comments
demetra
jefferson
banks
girlfriend
app
vetrano
jefferson
recounted
grew
angry
banks
objected
comments
fight
ensue
course
banks
struck
vetrano
jefferson
ibid
brief
oral
argument
state
suggests
damaging
evidence
banks
willing
abetment
farr
commission
violent
crime
banks
intent
commit
act
brief
respondent
emphasis
original
tr
oral
arg
see
also
post
thomas
concurring
part
dissenting
part
summation
however
prosecution
highlighted
banks
propensity
commit
violent
criminal
acts
see
app
facilitation
others
criminal
acts
see
banks
says
thought
give
gun
robberies
believe
jury
believe
man
travel
two
hundred
miles
supply
another
person
weapon
special
issue
prosecution
addressed
focused
acts
banks
commit
harms
might
facilitate
find
evidence
beyond
reasonable
doubt
probability
defendant
delma
banks
commit
criminal
acts
violence
constitute
continuing
threat
society
ibid
internal
quotation
marks
omitted
emphasis
added
therefore
unsurprising
prosecution
rest
banks
facilitation
others
criminal
acts
urging
jury
answer
second
special
issue
propensity
commit
violent
criminal
acts
affirmative
see
federal
evidentiary
hearing
examining
one
banks
prosecutors
counsel
banks
twice
asked
cook
instructed
testify
see
also
texarkana
law
enforcement
instruct
cook
testify
case
testimony
today
show
cook
coached
banks
counsel
called
attention
discrepancies
portions
september
transcript
cook
trial
testimony
concluding
examination
banks
counsel
emphasized
prosecution
duty
disclose
september
transcript
cook
stand
stated
coached
app
supra
banks
case
provides
occasion
consider
rule
application
aedpa
regime
footnotes
address
possible
application
standard
enunciated
giglio
since
agree
appeals
issue
properly
raised
since
addressing
issue
go
beyond
question
certiorari
granted
see
brief
petitioner
stating
question
presented
whether
fifth
circuit
commit
ted
legal
error
rejecting
banks
brady
claim
prosecution
suppressed
material
witness
impeachment
evidence
prejudiced
penalty
phase
trial
grounds
suppressed
evidence
immaterial
banks
death
sentence
admittedly
prosecution
used
closing
argument
trying
convince
jury
believe
farr
testimony
banks
planning
robberies
see
ante
fact
one
reasons
find
materiality
question
close
one
quite
possible
jury
already
discredited
aspect
farr
testimony
jury
knew
testimony
witnesses
james
kelley
officer
gary
owen
farr
generally
dishonest
heard
lied
getting
altercation
doctor
false
prescriptions
lied
status
informant
arkansas
officer
cases
suggests
witnesses
providing
information
impeached
ante
best
though
slightly
impeached
prosecution
merely
intimated
owen
slanting
testimony
hopes
hired
defense
counsel
private
investigator
app
kelley
friend
banks
family