BANKS
v.
DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued December 8, 2003.
Decided February 24, 2004.
Attorney(s) appearing for the Case
George H. Kendall argued the cause for petitioner. With him on the briefs were Elaine R. Jones, Janai S. Nelson, Miriam Gohara, and Clifton L. Holmes.
Gena Bunn, Assistant Attorney General of Texas, argued the cause for respondent. With her on the brief were Greg Abbott, Attorney General, Barry R. McBee, First Assistant Attorney General, Jay Kimbrough, Deputy Attorney General, and Edward L. Marshall and Katherine D. Hayes, Assistant Attorneys General.*
GINSBURG, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, O'CONNOR, KENNEDY, SOUTER, and BREYER, JJ., joined, and in which SCALIA and THOMAS, JJ., joined as to Part III. THOMAS, J., filed an opinion concurring in part and dissenting in part, in which SCALIA, J., joined, p. 706.
Supreme Court of United States.
JUSTICE [[author]]GINSBURG[[/author]] delivered the opinion of the Court.
Petitioner Delma Banks, Jr., was convicted of capital murder and sentenced to death. Prior to trial, the State advised Banks's attorney there would be no need to litigate discovery issues, representing: "[W]e will, without the necessity of motions[,] provide you with all discovery to which you are entitled." App. 361, n. 1; App. to Pet. for Cert. A4...
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