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BANKS v. DRETKE

No. 01-40058.

383 F.3d 272 (2004)

Delma BANKS, Jr., Petitioner-Appellee-Cross-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

August 25, 2004.

Attorney(s) appearing for the Case

George H. Kendall (argued), L. Song Richardson, NAACP Legal Defense & Educational Fund, New York City, Clifton L. Holmes, Holmes & Moore, Longview, TX, for Banks.

Katherine D. Hayes (argued), Edward Larry Marshall, James Richard Broughton, Austin, TX, for Dretke.

Before HIGGINBOTHAM, BARKSDALE and DENNIS, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM.

In 1980, Delma Banks, Jr. was convicted in Texas state court of capital murder and sentenced to death. After pursuing his state remedies, Banks filed for federal habeas relief in 1996 (before the effective date of the Antiterrorism and Effective Death Penalty Act (AEDPA)). Among the numerous issues raised, he claimed: for two of the State's witnesses, the prosecution withheld material exculpatory...

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