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BANKS v. THALER

No. 08-70019.

583 F.3d 295 (2009)

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

United States Court of Appeals, Fifth Circuit.

September 18, 2009.

Attorney(s) appearing for the Case

George H. Kendall (Court-Appointed), Samuel Spital, (argued), Holland & Knight, New York City, for Banks.

Katherine D. Hayes (argued), Austin, TX, for Thaler.

Before HIGGINBOTHAM, BARKSDALE and DENNIS, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

At issue is whether Delma Banks, Jr., is entitled to habeas relief for his capital-murder conviction, because of the State's non-disclosure to Banks' counsel of the transcript of the prosecution's pre-trial interview of a key witness. See Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) (addressing the suppression of favorable, material evidence).

The murder...

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