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Banks v. Dretke

United States Supreme Court

540 U.S. 668 (2004)

Relevant factsFree

Banks (defendant) was tried for murdering a 16-year-old during a carjacking. Banks had no criminal record, so the prosecution leaned heavily on a paid informant, Farr, who testified that Banks used a gun to commit robberies. The prosecution never disclosed that Farr was a paid informant and repeatedly represented — at trial and afterward — that it had withheld nothing. Farr's testimony was central to the prosecution's argument at sentencing that Banks was dangerous.

IssueFree

Whether evidence that a key prosecution witness was a paid informant is material under Brady v. Maryland and its progeny, such that its suppression entitles the defendant to a new trial.

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