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United States Supreme Court


BANKS v. DRETKE, 02-8286

When police or prosecutors conceal significant exculpatory or impeaching material in the State's possession, e.g., by withholding evidence that would have allowed a defendant to discredit essential prosecution witnesses, it is ordinarily incumbent on the State to set the record straight. The Fifth Circuit erred in dismissing death row inmate's Brady claim with respect to one such witness, and in denying him a certificate of appealability with respect to another.

Appellate Information

  • Decided 02/24/2004
  • Published 02/24/2004

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  • United States Supreme Court

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